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Agreement (Is there a contract? (State the three elements (intention to…

- - - - is there an offer?
        
        define: 'expression of willingness to contract on certain terms, made with intention that it shall become binding as soon as accepted by person to whom adressed' (Treitel, Law of Contract, confirmed in Allied Marine Transport v Vale do Rio Doce Navegacao SA (The Leonidas). )
        
        distinguish invitation to treat - no intention to be bound
        
        self-service display in shop Pharmacuitcal Society of GB v Boots Cash Chemists
        
        goods on display Fisher v Bell
        
        tenders Spencer v Harding unless unilaterial contract, then it is an offer Harvela Investments Ltd v Royal Trust Company of Canada
        
        advisertisements
        
        offering reward Williams v Crittenden
        
        unilateral contract - acceptance need not be communicated Carlill v Carbolic Smoke Ball Co
        
        autcions
        
        WITH reserve price s57 Sale of Goods Act 1979 - contract formed once autioneer (as agent) completes sale
        
        withOUT reserve Barry v Davies unilateral contract
      - is there acceptance?
        
        define: 'uncondiational expression of assent to terms of offer'
        
        Must be communicated
        
        general rule must be commincated by:
        
        offeree Entores v Miles Far East Corp ltd
        
        authourised agent Powell v Lee
        
        Exeptions to general rule
        
        unilateral contract Carlill v Carbolic Smoke Ball Co
        
        if the contract states that silence constitutes acceptance, silence cannot constitute acceptance Felthouse v Bindley unless no reason for offeree not to bind themselves Re Selectmove Ltd
        
        Acceptance or counter offer?
        
        counter offer implied rejection Hyde v Wrench
        
        questions about an offer not rejection Stevenson Jaques & Co v McLean
        
        Battle of the forms
        
        following an exchange of incompatiable terms by the parties, performance of the contract (e.g. delivery of product) maight be taken to be acceptance of the 'last shot' Brogden v Metropolitan Railway Co
        
        Butler Machine Tool Co ltd v Ex-Cell-O Corp not true battle of the forms, but an exchange of incompatiable terms. Claimant's offer countained clause that it's terms would prevail, defendant sent acceptance but with amended termcounter-offer, claimant sent a further acceptance providing its terms prevail
        
        Postal Rule Adams v Lindsell
    - - Objective Smith V Hughes
      - Commerical agreements - presumtion there is intention Edwards v Skyways
        
        rebuttable with specific wording Rose and Frank Co v Crompton Bros
      - Family Agreements - presumption is no intention Belfour v Belfour
        
        rebuttable Merritt v Merritt