offer and acceptance

definition of offer

a clear, precise statement of terms which are capable of acceptance as they stand, upon which the offeror is willing to be bound by in a contract

terms of offer must be certain

gibson v manchester city council, foley v classique coaches

ITT: ads

partridge v crittenden, carlill v the carbolic smokeball

ITT: mere statement of price

Clifton v Palumbo

ITT: display of goods for sale

fisher v bell, pharmaceutical society of great britain v boots cash chemist

definition of ITT

an expression of willingess to consider offers made by others; invitations to negotiate

counter-offers kill og offers

hyde v wrench

ROI does not kill og offer

stevenson v mclean

offer termination can take place at anytime before acceptance

routledge v grant

revocation must be communicated to offeree

byrne v van tienhoven

revocation can be communicated by reliable 3rd party

dickinson v dodds

revocation of offer due to lapse of time

ramsgate victoria hotel v montefiore

offeree cannot accept offer if they know offeree is dead

fong v cilli

if offeree is unaware of offers death, contract may still be binding

bradbury v morgan

offer terminated to due failure of condition precedent

financings ltd v stimson

condition precedent meaning

an action or event that must occur for a contract to become binding/trigger parties' obligations

acceptance meaning

postive and unqualified confirmation to be bound by all the terms of the offer

mirror-image rule

acceptance must match the details of offer exactly, else there is no contract (Jones v Daniel)

acceptance must be communicated by genuiene offeree or authorized agent

lord denning in entores v miles far east corp

silence is not acceptance

felthouse v bindley

acceptance by post is effective as soon as it is posted

adams v lindsel

exclusion of postal rule by offeror

holwell securities v hughes

postal rule still applies even if letter is never received

household fire insurance v grant

acceptance via nstantaneous communications

entores v miles far east corp, brinkibon v stahag stahl

postal rule inapplicable to emails

thomas and another v BPE solicitors

standard form definition

a pre-prepared agreement with standardized terms set forth by one party to another, where the other party cannot negotiate or amend terms

battle of the forms meaning

occurs when both parties have standard form contracts, done to settle what the final terms of the contract are

lost shot principle

the party who introduce their standard terms last prevail

case example of last shot principal

butler machine tools v ex-cell-o corporation

case example of last shot principle being over-ruled

TRW v Panasonic Industry

tenders by contract meaning

an invitation by a buyer to enter into a contract