Offer and Acceptance

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  • 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
    • 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)
      • 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]


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