Offer and Acceptance (Case Law) 0.0 / 5 ? LawContractUniversityNone Created by: Katie WoolnoughCreated on: 24-05-17 01:12 97106283154 Across 1. Self-service. Somervell LJ: goods in aisles are an invitation to treat, the purchaser bringing items to the till is an offer and the pharmacist allowing the transaction is acceptance (4, 1, 5, 2) 4. Argentine hare skins. A subjective approach because one party attempted to snap up the offer they knew the other party did not intend. Singleton: experts said price per piece; reasonable person would conclude it should be per piece (detached) (6) 8. Denning LJ: the promise to give the house to the son/daughter-in-law is not a contractual one, but once the couple performs they are protected under promissory estoppel (9) 9. Auctions - an auction without a reserve does not amount to a promise on the part of the auctioneer to sell the lot to the highest bidder. Request for bids is not an offer - and the bid is a discretionary promise. (5, 1, 6) Down 2. Notice was sufficiently clear to show that the postal rule was not operative - explicit exclusion. Russell LJ: so the acceptance must be communicated (7, 10) 3. No contract will arise if the offeree knows the offer was not for them - usually in cases of fraudulent impersonation (6, 7) 5. Approves Entores in English law (telex communications - acceptance is effective when communicated) (9) 6. Offer by telex. Denning LJ: acceptance of an offer drowned out by noise is no contract - there must be communicated acceptance. (7, 2) 7. Boundary of shrubs concealing the real boundary and picket fence beyond. The plans were calculated to induce the false belief so it was a reasonable mistake (5, 1, 7) 10. Battle of the forms (T&Cs) - Lord Denning: won by whoever objectively should be decided the victor. Lawson LJ: the seller's offer is rejected and killed, the counteroffer prevails. Bridge: "last shot fired" wins (6, 7)
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