Offer and Acceptance

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  • Created by: Tiana H
  • Created on: 05-05-18 12:38
Gibson v Manchester City Council
council 'may be prepared to sell house' - gibson signed forms, maintained house - then labour gov changed rules and refused to give Gibson the house - CA said contract made as material facts agreed - HOL said no contract bc was invitation to treat
1 of 15
Storer v Manchester City Council
council refused to go through with sale because a few minor terms had not been agreed - court held the contract had concluded - reasonably & objectively it was clear the council intended to be bound - not inivitation to treat
2 of 15
Carlill v Carbolic Smoke Ball
advertisement offering to pay £100 to anyone who caught flu after using their product - put £1k in bank to show good faith - claimant caught flu and sued for £100 - was decided it was an offer to the world and he was owed the £100
3 of 15
Pharmaceutical Society of GB v Boots Cash Chemists
display of goods - boots were charged under pharmacy + poison act - but was decided thier was no breach bc the sale didnt take place until the cash point at which point they were supervised by a pharmacist
4 of 15
Errington v Errington
said son could have house if they paid mortgage - father died his representative tried to revoke offer - CA said he couldnt as it was a unilateral contract and could nto be revoked once the couple started performing as long as they didnt stop
5 of 15
Luxer Ltd v Cooper
If C introduced buyer to D he would be paid commission - he did so but D refused to go through with the sale - held that C could not claim commission bc it was only payable on completion of performance
6 of 15
Partridge v Crittenden
Advertised sale of birds - charged for offering to sell live birds - held that it was an invitation to treat not offer so D aquitted
7 of 15
Byrne v Van Tienhoven
Offer on 1st - recieved on 11th - sent an immediate acceptance - in meantime offeror sent revocation on 8th which arrived 20th - held contract was made 11th - postal rule doesnt apply to revocation
8 of 15
Hyde v Wrench
Offered to sell for £1k, C asked for £950 (counter) - D refused, C asked for £1k back, but D still refused - Held there was no contract because £950 killed off £1k offer
9 of 15
Entores v Miles Far East Coporation
If oral acceptance is drowned out by overflying aircraft - no contract unless acceptance is repeated once the plane has gone
10 of 15
Manchester Diocesan Council for Education v Commericial and General Investment Ltd
Asked for acceptance to be sent to address in tender -D sent it to suveyor's address instead - held that communication to address in tender was not the sole means of comm. and the contract was valid
11 of 15
Adams v Lindsell
D wrote to C offering to sell wool - letter was delayed but on recieving the letter C posted acceptance straight away - due to delay D presumed C was not interested and sold to 3rd party -C sued and court held that their acceptance was valid
12 of 15
Household Fire Insurance v Grant
Contract valid even when lost in post
13 of 15
Countess of Dunmore v Alexander
Cannot revoke offer by quicker method
14 of 15
Butler Machine Tools v Ex-Cell-O
B sent offer to ECO on B's standard T&C's - ECO placed order on their own T&C's - order included tear-off acknowledgement slip - B returned slip - whoever gets their terms in last without protest from other party wins
15 of 15

Other cards in this set

Card 2

Front

council refused to go through with sale because a few minor terms had not been agreed - court held the contract had concluded - reasonably & objectively it was clear the council intended to be bound - not inivitation to treat

Back

Storer v Manchester City Council

Card 3

Front

advertisement offering to pay £100 to anyone who caught flu after using their product - put £1k in bank to show good faith - claimant caught flu and sued for £100 - was decided it was an offer to the world and he was owed the £100

Back

Preview of the back of card 3

Card 4

Front

display of goods - boots were charged under pharmacy + poison act - but was decided thier was no breach bc the sale didnt take place until the cash point at which point they were supervised by a pharmacist

Back

Preview of the back of card 4

Card 5

Front

said son could have house if they paid mortgage - father died his representative tried to revoke offer - CA said he couldnt as it was a unilateral contract and could nto be revoked once the couple started performing as long as they didnt stop

Back

Preview of the back of card 5
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