Contract Law - offer and acceptance
- Created by: sarahjaynek
- Created on: 04-04-14 13:44
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- OFFER & ACCEPTANCE
- Offer
- valid offer = a definite promise to be bound.
- a promise to be bound by specific terms
- invitation to treat?
- goods displayed in a shop window
- Fisher v Bell [1960]
- adverts,catalogues, brochures
- Untitled
- auctions & tenders
- statements of price
- goods displayed in a shop window
- Acceptance
- MUST be communicated!
- based around the 'meeting of the minds' of those involved.
- "Ad Idem" - meeting of the minds in Latin
- If all the terms of the offer are matched by the other then acceptance is made.
- The offeror must recieve the acceptance before it is effective
- silence will NOT amount to acceptance
- Felthouse v Bindley [1862]
- Acceptance CAN be through conduct
- Brogden v Metropolitan Railway co. [1877]
- Butler Machine Tool v Ex-Cell-O corp. [1979]
- exceptions to the acceptance rule
- Postal Rule
- where it is agreed that the parties will use the post as a means of communication.
- the letter is properly addressed and stamped the acceptance takes place when the letter is placed in the post box.
- unilateral offers
- offer made to the general public
- e.g. reward for lost dog.
- offer made to the general public
- Postal Rule
- Offer
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