Offer and Acceptance

Gibson v MCC

Offer must be clear and firm enough to be accepted.

Fisher v Bell

Shop displays in windows are usually only invitations.

PSGB v Boots

Shop displays on shelves are usually only invitations.

Partridge v Crittenden

Written advertisements in newspapers are usually only invitations.

Carlill v Carbolic Smoke Ball Co

Clear in its terms that it was capable of an offer and only applies to ‘unilateral’ contracts.

Harvey v Facey

Requests for information and answers to them are not offers.

Hyde v Wrench

If an offeree wants to accept the offer but change a term in, this will be a counter offer, which will end the original offer and make a new one - and so the original offer can no longer be accepted.

Ramsgate Hotel v Montefiore

Sometimes an offer will be open until a particular time and in this situation the offer will lapse when that time has passed.

Routledge v Grant

Offers can be revoked by the offeror as long as they have not been accepted.

Dickenson v Dodds

Offers can be revoked by a reliable third party

Yates v Pulleyn

If an offeror just suggests a mode of communication, then other methods can still work. If no method is specified, any reasonable communication form can be used.

Felthouse v Bindley

Silence or inactivity is usually not acceptance.

Carlill v Carbolic Smoke Ball Co - Acceptance

Conduct was enough for acceptance.

Adams v Lindsell

Posting a letter of acceptance is effected as soon as it is posted.

Byrne v Van Tienhoven

Revocation has to be communicated to be effective.

Holwell v Hughes

If a party requests ‘notice in writing’ of an acceptance the courts will probably interpret this as meaning the letter has to be actually received by the offeror before it is effective.

Entores v Miles Far East Corp

The acceptance message must be received to be effective.

Brinkibon

Messages during office hours will depend upon the intention of the parties and normal business practices and outside of office hours are effective when they are left even if they are not read or listened to.

Article 11 of the E-Commerce Regulations 2002

The advertisement on the website = invitation to treat.

The playing of an order by the buyer = offer to buy.

The seller will usually acknowledge this offer with an electronically generated email.

The acceptance is usually another email from the seller stating that the goods have been ‘dispatched’.

Offer definition

A statement of terms upon which the offeror is willing to be bound.

Acceptance definition

It must match the terms of the offer exactly.

Invitation to treat definition

An invitation for another party to make an offer.

Agreement

Offer+Acceptance

Contract

Agreement + Consideration + Intent for legal relations

When do offers end

Acceptance

Rejection/ refusal

Death

Counter offer

Lapse of time

Withdrawal/revocation

Define

An offer is statement to terms upon which the offerer is willing to be bound. If must be clear and form enough to be acceptance (Gibonson v MCC)

For acceptance to be valid it must match the terms of the offer exactly, sometimes called the ‘mirror image’ approach

An invitation to treat is simply an invitation for anothe party to make an offer.

Bilateral contract

A promise in exchange for a promise and both parties have promised to do something

Lisa offers to sell her car for 100 to alex and he accepts

Unilateral Contract

A promise is exchanged for an act only one party is bound to do something when the promise is made the other party accepts by doing request