Offer and Acceptance

What is an Offer? Illustrate with a case example:

An expression of willingness to enter a contract on terms which are certain. Must be specific and capable of acceptance. E.g. Biggs v Boyd Gibbons (“For a quick sale, I will accept £16,000) or Carlill v CSB (Clear promise to pay £100 to anyone who fell ill after using a smoke ball).

What is an Invitation to Treat? Illustrate with a a case example:

An indication of willingness to enter into negotiations. Cannot be accepted. E.g. Fisher v Bell (shop window display), Partridge v Crittenden (advert).

What was the point of law in Harvey V Facey?

A statement of price is not an offer as it contains no definite promise to sell.

What case demonstrates that an offer must be communicated to the offeree?

IRC v Fry (tax office weren’t aware of Mrs Fry’s note).

5 ways an offer can be terminated:

Acceptance, Revocation (withdrawal), Rejection (including counter offer), Lapse of time, Death of the offeror.

Point of law in Routledge V Grant?

An offer can be withdrawn at any time provided it has not been accepted. Revocation must be communicated to the other party.

Rule demonstrated by Ramsgate Victoria Hotel V Montefiore?

An offer will end after a reasonable lapse of time.

Define acceptance:

Unconditional agreement to all the terms of the offer. “Mirror image” rule – acceptance should match the offer exactly and be made in response to the offer.

What can be accepted?

Offer/ counter offer.

What is the effect of a counter offer? Which case tells us this?

Ends the original offer, Hyde v Wrench.

In what way was the offer accepted in Brogden v Metropolitan Railway?

Acceptance by conduct.

Stevenson V McLean

A mere enquiry will not constitute acceptance.

Felthouse v Bindley

Silence alone isn’t acceptance.

Adams V Lindsell

Acceptance by post is effective as soon as the letter is posted (provided properly stamped and addressed, and it is reasonable to use post).

Yates V Pulleyn

If acceptance is asked for in a particular way, it should usually be by that method or one which is equally effective.

Entores / Brinkibon / Thomas v BPE

Acceptance takes place when and where the (electronic) message is received.