Contract Law - Acceptance - Key Studies

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Harvey v Facey (1893)
The seller's reply was merely a statement of price, not an offer open to acceptance.
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Partridge v Crittenden (1968)
The bird seller's reply was merely a statement of price (invitation to treat), not an offer open to acceptance. Not prosecuted under Birds Act 1954
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Fisher v bell (1961)
A flick-knife in teh window was only an invitation to treat.
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Pharmaceutical Society of GB v Boots Cash Chemists Ltd (1953)
The contract was formed when the goods were taken to a checkout where a pharmacist was present.
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Clifton v Palumbo (1944)
The letter did not amount to an offer to sell, but was merely an indication of the price of the estate should all other matters be in order.
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British Car Auctions v Wright (1972)
Prosecution of auctioneers for offering to sell and unsafe car failed as there was no offer to sell; only an invitation to bid.
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Barry v Davies (2000)
The court accepted the existence of a collateral contract between the bidder and the auctioneer.
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Taylor v Laird (1856)
An offer of resignation from the claimant was nor communicated to the employers so they were entitled to refuse to pay him.
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Foley v Classique Coaches ltd (1934)
A contract cannot be repudiated id the parties have started to perform the contract.
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Routledge v Grant (1828)
Revocation of an offer can take place at any time before acceptance.
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Bryne v Van Tienhoven (1880)
Revocation was ineffective because it was not communicated.
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Dickinson v Dodds (1876)
Communication can be made by a reliable third party.
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Errington v Errington and Woods (1952)
The power to revoke was lost because the offerees had embarked on their fulfilment of the condition.
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Ramsgate Victoria Hotel Co. Ltd v Montefiore (1866)
The offer had lapsed: the courts held an offer could not stay open indefinitely.
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Financings Ltd v Stimson (1962)
The car was not in subastantially the same condition at acceptance as it was when the offer was made; there was no contract.
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Hyde v Wrench (1840)
The counter offer amounted to a rejection of the original offer, , and as a result that offer had come to an end.
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Jones v Daniel (1894)
There could be no contract until the defendant had accepted ancillary terms in a counter offer.
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Stevenson v McLean (1880)
An enquiry about details is not a rejection of the offer; the offer was still open to acceptance.
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Butler v Ex-Cell-O Corporation Ltd (1979)
The 'last shot' approach can be used to determine which party's standard terms prevail.
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G. Percy Trentham Ltd v Archital Luxfer Ltd (1993)
Regardless of whether an offer has been marched by an acceptance, the contract can come into existence when performance of the work begins.
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Felthouse v Bindley (1863)
Silence cannot be deemed to be consent. There was no contract between the uncle and nephes, as the nephew had not actually accepted the uncle's offer to buy.
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Adams v Lindsell (1818)
The postal rule: a letter of acceptance is effective from its time of posting and a binding contract exists.
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Holwell Securities v Hughes (1974)
The postal rule did not apply: the offer said there had to be notice in writing, so the court held that there had to be actual communication of the acceptance.
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Household Fire Insurance v Grant (1879)
The postal rule applies even if the letter is never received rather than just delayed.
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Entores Ltd v Miles Far East Corporation (1955)
Because of the method of communication. the contract was actually made in England where the telex was recieved, not when it was transmitted in Holland.
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Brinkibon Stahag Stahl (1933)
Acceptance can only be effective and a contract formed when the office is open.
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Other cards in this set

Card 2

Front

The bird seller's reply was merely a statement of price (invitation to treat), not an offer open to acceptance. Not prosecuted under Birds Act 1954

Back

Partridge v Crittenden (1968)

Card 3

Front

A flick-knife in teh window was only an invitation to treat.

Back

Preview of the back of card 3

Card 4

Front

The contract was formed when the goods were taken to a checkout where a pharmacist was present.

Back

Preview of the back of card 4

Card 5

Front

The letter did not amount to an offer to sell, but was merely an indication of the price of the estate should all other matters be in order.

Back

Preview of the back of card 5
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