Offers vs Invitation to Treat
Name a case for the legal principle 'Display of goods in a shop window is an invitation to treat.'
What was the legal principle of Pharmaceutical Society of Great Britain v Boots?
Fisher v Bell
Display of goods on a shelf in a super market is an invitation to treat
Name a case for the following legal principle
'Revocation of an offer must be communicated.'
Name a case for the following principle
'Revocation of an offer must be made before acceptance'
What is the legal principle in Dickinson v Dodds?
Bryne and co v Van Tienhoven
Routledge V Grant
Revocation of an offer can be communicated by a reliable third party
Which case articulated the postal rule of acceptance
What happens when the letter gets lost in the post ? Give case law
Adams v Lindsell
Acceptance is binding ( Household Fire Assurance v Grant), Acceptance not binding( Scottish case Mason v Benhar)
If the reason for the letter getting lost is because it has been incorrectly addressed (fault of the offeree), acceptance does not take place( Korbetis v Transgrain Shipping and Holwell Securities v Hughes)
Explain the term 'Battle of the forms'
How do tenders work ? Give case law to support your answer. Include exceptions to the general rules
Advertisement for tender is an invitation to treat ( Spencer v Harding). The tenders themselves are the offers which can be accepted.
If the party advertising for tender commits to accepting the highest or lowest tender, the advertisement will be a unilateral offer to accept the highest or lowest tender( Harvela investments ltd v Royal Trust Co of Canada)
An advertisement which includes a deadline will be construed as a unilateral offer to at least consider all bids submitted within the deadline( Blackpool and Flyde Aeroclub v Blackpool BC)
Give some examples of situations where displays have been construed as offers
Vending machines
In cases of a unilateral offer, it cannot be revoked once the offeree has commenced performance
Identify with case law the limitations to the postal rule
Postal rule will only apply if it is reasonable to use post as a mode of communication( Henthorn v Fraser)
Postal rule does not apply to modern instantaneous methods of communication( Entores v Miles)
Postal rule does not apply when the offeror ousts the application of the postal rule by using clear language( Holwell Securities v Hughes)
Postal rule does not apply when it leads to manifest absurdity( Holwell Securities v Hughes)
Which case was the last shot approach highlighted in
BRS v Arthur Crutchley. The contract was concluded on Arthur Crutchleys terms because the claimats driver had handed over the whisky to them. Acceptance in this case was implied from their conduct( Brogden v Metropolitan Railway). The last shot wins
Name some ways( except revocation) in which offers can come to an end ( give supporting case law)
Counter offers( Hyde v Wrench)
Failure of a pre condition( Financing Ltd v Stimson)
Offer lapses after a reasonable time( Ramsgate Victoria Hotel v Montefiore)
Death of offeror( Bradbury v Morgan-it all rests on whether the offeree knows about the death of the offeror)
What is the legal principle of Partridge v Crittenden?
Name a case in which an exception to Partridge v Crittenden was laid down
An advertisement leading to a bilateral contract is an invitation to treat. Lord Parker CJ identified the problem to be one of limited stock
Carlill v Carbolic Smoke Ball( advertisement leading to unilateral contract is a unilateral offer to the world at large)
Lefkowitz v Great Mineapolis( first come, first served)
How is a unilateral offer to be revoked ? Identify a case
Anytime before acceptance
The unilateral offer must be revoked by taking reasonable steps to communicate. it is not necessary to ensure that all who read the offer must read the revocation as long as the revocation is made in an advert with a similar outreach as the offer( Shuey v US)
When does the acceptance become binding when it is made through modern instantaneous methods of communication? Give supporting case law
Acceptance is binding on 'receipt'
Entores v Miles
Brinkibon Stahg Stahl
Evaluate the last shot approach
in the desire to get the last shot, the negotiation process takes longer. Counter offers can be sent ad infinitum which leads to a wasteful stalemate.
Give an exception to this rule
Felthouse v Bindley
If the silence as a mode of acceptance is suggested by the offeree, then it can be considered as acceptance( Re Selectmove)
'An advertisement for an auction is an invitation to treat'
Describe how the main contract between the bidder and owner is concluded and name the case in which the rules were highlighted
Harris v Nickerson
British Car Auctions v Wright
Advert is an invitation to treat, bidder makes offer which is accepted with the fall of the hammer
Identify a case in which the exception to Errington v Errington was brought forward. Explain the legal principle.
What is the rationale for this exception?
Luxor Ltd v Cooper.
A unilateral offer made to an estate agent with respect to potential commission can be revoked even if the estate agent has commenced performance in looking for a buyer/seller/tenant of land.
The high amount of commission/consideration that the agent can potentially earn if the transaction goes through
What happens when an acceptance is sent through email outside working hours ? Give supporting case law
What was the legal principle in The Brimnes
If acceptance is sent outside working hours it takes affect the next working day( Mondial Shipping Chartering BV v Astarte Shipping Ltd)
Acceptance will be binding if it is sent during the working hours even the offeror has not read it
Name the two approaches which were highlighted in Butler Machine Tool v Ex Cello Corp
Traditional mirror image rule which is artificial and does not reflect parties intentions.
Lord Dennings knock out approach where he felt that the contradictory terms should be scrapped and replaced by terms through reasonable implication. This gives too much discretion to the judge to replace terms that the parties have negotiated
If the offeror has specified a prescribed mode of acceptance, how will not the offer be accepted?
If the offeror does not use clear words insisting on a method of acceptance, what modes can be used. Give a case
Using the same mode if the offeror has used clear words
A mode which is not disadvantageous to the offeror( Manchester Diocesan Council for Education v Commercial General Investments)
Barry v Davies
What is the legal principle in Dickinson v Dodds?
Revocation may be communicated by a reliable third party
Name a case in which Lord Wilberforce said: 'No universal principle can cover all such cases.'
Brinkibon v Stahg Stahl
What was the approach taken in GHSP case
The contradictory terms of the parties were scrapped and replaced with implied terms from the Sale of Goods Act 1979, in particular s 14(2)-goods must be of satisfactory quality.
An offeree cannot accept an offer that he/she is unaware of. This legal principle was highlighted in----
Williams v Carwardine
Gibbons v Procter