Contract law: Info/checklist of what needs to be mentioned in my answer…
Contract law: Info/checklist of what needs to be mentioned in my answer and l should look for
An offer is a
statement of willingness
to contract on
made with the
that if accepted then there will be a binding contract
Case Study: Carhill v Carbolic Smoke Ball Co. (1983)
The offer was that they promised to give £100 to anyone who would get the flu after using the smoke ball correctly.Someone did get it and £100 was given to them.
Invitation to Treat
Case Study: Partridge v Crittenden (1968)
Defendant placed an
for some wild birds.He was prosecuted for the 'offering for sale' of wild birds under the
Protection of Birds Act 1954
.He was found
there was no offer by him and an offer would only be made if someone reponed to that advertisement.
An indication that one person is
willing to negotiate
a contract with another,but they are
willing to make a
(Usually advertisements are considered invitations to treat)
Case Study: Fisher v Bell (1961)
Case Study: PSGB v Boots (1953)
Requests for Information
This can include asking bout something like an enquiry. For instance if there is an item displayed for sale but doesn't have a price tag.
NOT AN OFFER
Case Study: Harvey v Facey (1893)
Harvey wanted to buy Facey's land and sent a message asking the lowest price available. Facey replied with the price (£900) and Harvey tried to buy at that price however couldn't as it was a RFI.
How offers can end
Case Study: Routledge v Grant (1828)
Grant offered to put his house on sale stating that the offer would remain open for six weeks. When he told Routledge that he no longer wanted to sell the house, it was an effective revocation
Offer can be revoked within any time by the offeror. For it to be effective the offeree needs to recieve the revocation.
Lapse of time
If there is a specific time period for the offer to be accepted but the offeree accepted after the expiry date then the offer no long is available.
Case Study: Ramsgate Victoria Hotel v Montefiore (1866)
8th June: Montefiore offered to buy shares at a fixed price in the hotel.23rd November: his offer was accepted but he no longer wanted them as the share price had fallen so he refused to pay. there was a long delay between offer and acceptance.
An offer will often cease to exist if one of the parties has died
Once the offer is rejected it cannot be accepted.If the offer stands for more than one person and is rejected to one person it doesn't mean that the offer has ended for everyone else,just that one person
Case Study: Hyde v Wrench (1840)
Wrench offered to sell his farm for £1000 to Hyde.Hyde replied with a counter offer of £950.This ended the original offer so when Wrench rejected the counter offer Hyde couldn't buy the farm for the original price
How do you accept?
Acceptance can be in any form as long as it is unequivocal and communicated to the offeror.
Case Study: Felthouse v Bindley (1863)
There were discussions about the purchase of a horse.The final letter stated that 'if I hear no more,I consider the horse mine.'There was no further response but the court decided that it wasn't a contract as the offer cannot be accepted through silence or inactivity.
When does it take place?
Acceptance by conduct
Case Study: Reveille v Anotech (2016)
Reveille made an offer to Anotech, proposing certain contractual terms. Anotech sent back a counter-offer. The documentation for the counter-offer said that this counter-offer could only be accepted by Reveille if it was signed. Reveille never signed the counter-offer. The court decided that there was a binding contract between Reveille and Anotech. As a result, Anotech was ordered to pay $1million to Reveille, under the terms of the contract. They showed acceptance as they had already started doing the things that were said in the contract.
Acceptance by the use of post
Case Study: Adams v Lindsell (1818)
Lindsell wrote to Adams offering to sell them some wool and asking for a reply in the course of the post.’ The letter was delayed in the post.on receiving the letter Adam posted a letter of acceptance the same day. However, because of the delay, Lindsell assumed Adams did not want the wool and sold it to someone else. There Was a valid contract made as the acceptance took place as soon as the letter was placed in the letterbox and since there was also no revocation of the offer,the offer still stood.
: 1) the post would be the usual or expected means of communication
2)The letter has to be properly stamped and addressed
3) The offeree must be able to prove that the letter was posted
Electronic methods of communication
EC Directive on Electronic Commerce 2002
The buyer indicates acceptance of the Seller’s terms and conditions. then the seller sends you an acceptance email. lastly, once you receive the ‘order confirmation email in your inbox, then the contract is formed. If you don’t actually open the email, that doesn’t matter. So long as the email has arrived in your inbox, the contract is formed.