Essential Requirements

• What are the four essential requirements of a contract?

  Offer, Acceptance, Consideration, Intention to create legal relations
• What is an offer in contract law?

  An offer is a proposal or willingness to contract on firm and certain terms.
• What are the two types of offers?

  Bilateral offer and Unilateral offer
• What is a bilateral offer?

  A bilateral offer is where both parties have obligations to perform.
• What is a unilateral offer?

  A unilateral offer is an agreement to pay in exchange for performance, with no obligation to act.
• How does the law distinguish between an offer and an invitation to treat?

  An invitation to treat indicates a willingness to negotiate, not a firm offer.
• What is an example of an invitation to treat?


  Advertisements
• What was established in Partridge v Crittenden (1968) regarding advertisements?

  Generally, an advertisement cannot be an offer and is only an invitation to treat.
• In what case can an advertisement be considered an offer?

  In the case of Carlill v Carbolic Smokeball Co. (1893), where there is a unilateral contract.
• What did Fisher v Bell (1961) establish about goods in shop windows?

  Goods in shop windows are an invitation to treat.
• What did Pharmaceutical Society of Great Britain v Boots Cash Chemists (1953) establish about goods on shop shelves?

  Goods on shop shelves are an invitation to treat.
• What did British Car Auctions v Wright (1972) establish about lots at an auction?

  Each lot at an auction is an invitation to treat, with the offer to purchase made by the bidder.
• What did Harvey v Facey (1893) establish about requests for information?

  Requests for information are an invitation to treat, not an offer.
• Who can make an offer?

  Anyone, including individuals, businesses, or organizations.
• What did Thornton v Shoe Lane Parking (1971) confirm about offers?

  Offers can be made through a notice or a machine.
• Who can receive an offer?

  An individual, a group of people, or the world at large.
• How can an offer end?

  Through revocation, rejection, lapse of time, or death.
• What did Routledge v Grant (1828) establish about revocation of an offer?


  Revocation can be made at any time before acceptance.
• What did Dickinson v Dodds (1876) establish about revocation?


  Revocation can be made at any time if communicated to the offeree by the offeror or a reliable third party.
• What is a challenge in revoking an offer made to the world at large?

  Revocation can be difficult as it must be communicated effectively.
• How can an offer made to the world at large be revoked?

  By setting a time limit, expiry of a reasonable time, or publishing revocation in the same way as the original offer.
• What happens if the offeree has already begun conduct that amounts to acceptance?

  The offer cannot be revoked.
• What did Hyde v Wrench (1840) establish about rejection of an offer?

  Once rejected, the offer ends and cannot be accepted, including counter-offers.
• What did Stevenson v McLean (1880) establish about requests for information?

  A request for information is not a rejection; a valid offer can still be accepted.
• What did Ramsgate Victoria Hotel v Montefiore (1866) establish about the lapse of offers?


  Offers can lapse at the end of a fixed time or after a reasonable amount of time if no fixed time is specified.
• What did Bradbury v Morgan (1862) establish about the death of the offeree?

  On the death of the offeree, the offer terminates.
• What did Reynolds v Atkinson (1921) establish about the death of the offeror?

  On the death of the offeror, an offeree’s acceptance can still be valid if the death was unknown to the offeree.
• What is acceptance in contract law?

  Acceptance is a final and unconditional agreement to all the terms of the offer.
• How can an offer be accepted?

  An offer can be accepted by words, writing, or conduct.
• What did Felthouse v Bindley (1863) establish about acceptance?


  An offer cannot be accepted by silence or inactivity.
• What did Yates v Pulleyn (1975) establish about mandatory methods of acceptance?

  If there is a mandatory method of acceptance prescribed, it must be complied with.
• When does acceptance take place?

  Acceptance takes place when it is communicated to the offeror.
• What did Carlill v Carbolic Smoke Ball Co. (1893) establish about acceptance by conduct?

  In unilateral offers, conduct alone can be sufficient acceptance.
• What did Adams v Lindsell (1818) establish about postal rules of acceptance?

  The postal rules state that acceptance takes place from the moment of posting if certain conditions are met.
• What are the conditions for postal acceptance to be valid?

  Post must be the usual means of communication, the letter must be properly addressed and stamped, and the offeree must prove it was posted.
• What did Household Fire Insurance Co. v Grant (1879) establish about postal acceptance?


  Acceptance is still communicated via postal rules even if the letter is not received by the offeror.
• How do electronic methods of communication affect acceptance?

  The postal rules do not apply to instantaneous communication methods.
• What did Entores v Miles Far East (1955) establish about electronic acceptance?

  Acceptance via electronic methods occurs when the offeror is aware of the acceptance.
• What did Brinkibon Ltd v Staghag Stahl (1983) establish about out-of-hours messaging?

  Acceptance takes place when the message is opened when the office has opened again.
• What did Thomas and Gander v BPE Solicitors (2010) establish about acceptance?


  Each case is to be decided on its own particular facts regarding acceptance.