Unilateral Agreements

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  • Created by: phoebs.b
  • Created on: 27-03-18 10:42

Carlill v Carbolic Smoke Ball Company (1893) - a unilateral advertisement is an offer. There is an implied waiver of the need to communicate acceptance of the unilateral offer; it is the performance of the requested act which constitutes the acceptance. 

Bowerman v Association of British Travel Agents Ltd (1996) - a unilateral advertisement is an offer. 

R v Clarke (1927) - a unilateral offer of reward cannot be accepted if there is no knowledge of the offer. 

Gibbons v Proctor (1891) - terms of the offer required the information to be given to a particular person and at the time the information was received by that person the offeree had the required knowledge.

Williams v Carwardine (1833) - as long as the offeree has knowledge of the offer, his motive in responding is irrelevant. 

Luxor (Eastbourne) Ltd v Cooper (1941) - the terms of the offer may contemplate that revocation should be possible despite the commencement of the performance of the act. The commission was payable on the completion of the sale so that the offer contemplated that the offeror was reserving the right to revoke at any time before completion occurred. Used the express and implied term analysis, but focused on the fact that they do not prevent revocation, only allow damages for the breach of the implied term is revocation occurs after the performance has begun. 

Errington v Errington (1952) (CA) - there was a promise by the father to transfer the house in exchange for the act of paying all the mortgage instalments. It was held that this unilateral promise could not be revoked once the couple had started to perform this act. 

Daulia v Four Mill Bank Nominees Ltd (1978) - Goff LJ relied upon the analysis (McGovney) that the presence of an express and an implied term in the offer did not prevent revocation; it only provided damages for the breach of the implied term in revocation occurs after…

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