Offer and Acceptance

  • Created by: Launston
  • Created on: 14-05-14 09:26
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  • Offer and Acceptance
    • Offer
      • Expression of willingness to contract on certain terms
        • Intention that promise should bind immediately on acceptance
      • Distinguish from invitations to treat
        • Shop windows - Fisher v Bell
          • Self-service store - Pharmaceutical society v Boots
            • Adverts - Partridge v Crittenden
              • BUT Carlill v CSBC - promise of money in bank and clear terms used
              • Tenders - Spencer v Harding
                • Blackpool & Fylde - entitled to have tender considered but no obligation to accept
            • Justifications: freedom of contract for shopkeeper and allows customer to change mind
        • Language is relevant
          • Gibson v Manchester City Council and Storer v MCC
    • Acceptance
      • Made in response to and match the terms of the offer
        • Cannot accept an unknown offer - Gibbons v Proctor
          • Does not match offer = counter offer - Hyde v Wrench
            • Request for further information - Stevenson v Mclean
            • Battle of the Forms - Butler v Ex-Cell-O - last shot rule
              • Tekdata v Amphenol - Traditional offer and acceptance analysis unless documents showed other intention
      • Must be communicated
        • Waived in unilateral contracts - Carlill
          • Silence cannot constitute acceptance - Felthouse v Bindley
            • Acceptance can be by conduct - Trentham v Archital
        • Methods of communication
          • In person, must be HEARD
          • The postal rule - Adams v Lindsell
            • Use of post must be reasonable - Henthorn v Fraser
              • May get lost in post, burden on offeror - Household v Grant
                • Exceptions: must be reasonable to use, if offeror stipulates actual communication it won't apply - Holwell Securities v Hughes
                  • Method proscribed by offeror must be used - Manchester Diocesan
      • Instantaneous methods
        • Entores v Miles Far East - must ensure it is heard
          • Brinkibon - acceptance effective when and where received
            • Email? - Thomas v BPE Solicitors
    • Revocation
      • Byrne v Van Tienhoven - before acceptance, must be communicated, postal rule does not apply
        • Cannot revoke during acceptance - Errington v Errington
          • Withdrawing unilateral offers by same channel - Shuey v US
      • Firm Offers can still be revoked before time - Routledge v Grant
      • Also by rejection or lapse of time


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