Offer and Acceptance and Agency

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Define an Offer
An offer is an expression of willingness to contract on certain terms, made with the intention that it shall become binding as soon as it is accepted by the person to whom it is addressed. Treitel
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Define Acceptance
Acceptance is “the final and unqualified expression of assent to the terms of an offer.”
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 Acceptance by conduct
Brogden v Metropolitan Railway Co
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 Counter offers
Hyde v Wrench
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 Requests for information
Stevenson v McLean
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 Requests for concession
Lloyds v Twinn
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 Standard forms and the “Battle of the Forms”
Butler Machine Tool Co Ltd v Ex-Cell-O-Corp
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Communication of acceptance:  The normal rule
Entores v Miles Far East Corporation
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 Silence in response to an offer: Offeror
Felthouse v Bindley
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 Silence in response to an offer: Offeree
Re Selectmove Ltd
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 Silence in response to an offer: Waive
Carlill v Carbolic Smoke Ball Co
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 Postal Rule
Henthorn v Fraser
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 Postal Rule: Exception
Holwell v Hughes
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 Instant Message: During business hours
Entores v Miles / Brinkibon Ltd v Stahag Stahl
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 Instant Message: After business hours
The Brimnes
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Termination of Offer
Routledge v Grant
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Communication of Termination
The Brimnes
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Termination Authority
Dickinson v Dodds
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Lapse
Ramsgate Hotel v Montefiore
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Agency
Lockyer v Brockhurst
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Other cards in this set

Card 2

Front

Define Acceptance

Back

Acceptance is “the final and unqualified expression of assent to the terms of an offer.”

Card 3

Front

 Acceptance by conduct

Back

Preview of the front of card 3

Card 4

Front

 Counter offers

Back

Preview of the front of card 4

Card 5

Front

 Requests for information

Back

Preview of the front of card 5
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