offer and acceptance

offer

a clear, precise set of terms capable of being accepted as they stand that the offeror is willing to be bound by in contract

gibson v manchester city

the terms of the offer must be certain

exception to gibson v manchester city council

foley v classique coaches ltd

imvitation to treat

proposition that indicates willingness to consider offers made by others; invitations to enter into negotiatons

ads are invitations to treat

partridge v crittenden

display of goods for sale

fisher v bell

pharmaceutical society of great britain v boots cash chemist ltd

mere statement of price

clifton v palumbo

counter offer terminates og offer

hyde v wrench

request of info doesn't terminate og offer

stevenson and mclean

can terminate offer anytime before acceptance

routledge v grant

revocation of contract must be communicated

byrne v van tienhoven

revocation can be done through 3rd party

dickinson v dodds

unilateral offers cannot be revocated whilst offeree is performing

errington v errington and woods

lapse of time is a valid revocation

ramsgate victoria hotel v montefiore

in what cases can a contract be revocated

• communication of revocation

• can be made by reliable third party

• cannot be withdrawn after acceptance

• lapse of time

• death of party

• failure of condition

acceptance

positive/unqualified confirmation of all the terms of the offer

points determining if acceptance is made

• does acceptance correspond with offer

• acceptance or CO/ROI

• has acceptance been communicated properly

silence is not accepting an offer

felthouse v bindley

regulation 24(4) of Consumer Protection (Distance Selling) Regulations 2000

acceptance by post is effected as soon as the letter is posted

adam v lindsel

exclusion of postal rule by express statement

holwell securities v hughes

postal rule still applies if letter is never received

household fire insurance v grant

insant communication means acceptance is made where and when received

entores v miles far east corporation

brinkibon v stahag stahl

postal rule is inapplicable to emails

thomas and another v BPE solicitors

example of last shot principle

butler machine tools v ex-cell-o

parties may dispute over terms even after commitment has been shown through conduct

g. percy trentham v archital luxfer