Offer and Acceptance
- Created by: kiwaa
- Created on: 15-04-16 14:31
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- Offer and Acceptance
- Offer or Invitation to treat?
- Goods on display in shops are an invitation to treat, not an offer
- Advertisements are usually invitations to treat although they can sometimes be an offer
- Tender is usually held to be an invitation to treat. Unless it is specified that the lowest or highest amount will be accepted (unilateral)
- Auctions - Each bid is an offer which is to be accepted by the auctioneer
- Machines - The machine represents the offer. Putting the money in is acceptance
- Termination and revocation of an offer
- Termination
- An offer may be terminated after the death of the offeror or offerree
- An offer may be terminated after a certain amount of time
- Revocation
- An offer may be revoked any time before acceptance
- This may not be the case in unilateral contracts
- An offer may be revoked after a counter offer
- An offer may be revoked any time before acceptance
- Termination
- Acceptance
- Silence does not amount to acceptance
- Felthouse v Bindley (1862)
- Offeror must receive communication of acceptance
- Entorres v Miles Far East [1955]
- The postal rule
- The postal rule can be excluded
- Holwell Securities v Hughes [1974]
- Different terms in the acceptance will amount to a counter offer
- Hyde v Wrench (1840)
- The postal rule can be excluded
- Acceptance must be certain. You must be able to determine what the parties have agreed to when viewed objectively
- Scammell & Nephew v Ouston [1941]
- Sudbrook Trading Estate v Eggleton [1983]
- Silence does not amount to acceptance
- Offer or Invitation to treat?
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