cases

Cards (59)

  • hyde v wrench - a new counter offer extinguishes the previous offer
  • broaden v metropolitan railway - acceptance by conduct
  • butler machine tool v ex-cello-corp - last shot rule
  • partridge v crittenden - an advert in a newspaper is an invitation to treat
  • gibson v Manchester City council - an offer is not an offer unless communicated in definitive terms
  • carlill v carbolic smoke ball co - advertisement containing certain terms can be accepted by anyone and form a binding contract
  • ramsgate victoria hotel v montefiore - if an offer has an expiry date it will expire after that time
  • routledge v grant - a person who makes an offer can withdraw at any point but must give notification
  • stevenson v mclean - the person who the offer has been made to does not get another chance once it has been rejected it cannot be accepted
  • entores v miles - acceptance can be verbal
  • adams v linsell - acceptance takes place the moment of posting
  • balfour v balfour - domestic agreements aren"t valid as there is no intent to form legal relations
  • smith v hughes - use of objective test
  • spencer v harding - if wording is not conclusive may be invitation to treat even though contains the word offer 
  • harvey v lacey - a party may supply info during negotiations without giving any commitment to go through to a firm agreement
  • Re Whelan - death of either part terminates the offer
  • Peter Lind & Co Ltd v Mersey Docks - there needs to be certainty to which offer is being accepted where multiple offers have been communicated
  • felthouse v bindley - can be accepted by silence but rare
  • chillingworth V esche - subject to contract terms create a strong inference that the parties do not intent to be bound until the execution of a formal contract
  • gibbons v proctor - can accept an offer you don't know about
  • Bloxhams - as long as the offeror knows of the acceptance there can be a contract
  • payne v cave - until hammer is dropped auctioneer can reject any other bids and the bidder can revoke their bid
  • Harris v Nickerson - c failed to recover damages for loss suffered in travelling for an auction which was cancelled 
  • British Car Auctions v Wright  - auctioneer was convicted of making an offer to sell an unroadworthy car but appeal allowed as it was on display and invitation to treat only
  • Tekdata Interconnections Ltd v Amphenol Ltd [2009] EWCA Civ 1209 - the last shot rule will prevail unless the documents or words passing between the parties and their conduct show a common intention 
  • payne v cave - offeror can remove offer at any time
  • byrne v van tienhooven - revocation must be communicated
  • tenax steamship vs brynes - revocation that reaches offeree can still be effective even if they fail to read it
  • tin v hoffman - a rejection terminates an offer so it can't be accepted
  • TRW v panasonic - first shot approach due to terms in contract
  • Percy trentham - working business relationship means certain terms that are inessential can be disregarded
  • tekdata v am phenol - objective approach in battle of the forms
  • RTS v molkerei - intention once performance started
  • lidl v Hertford foods - standard terms in contrast with each other
  • butler machine tool vs ex cello corp - leading case for last shot rule
  • paye v cave - acceptance in auctions when the hammer is dropped
  • Harris v Nickerson - c failed to recover damages for loss suffered in travelling to place for cancelled auction
  • Thomas v Thomas - consideration means something of value that is moving between the parties
  • white v bluett - ceasing to complain is not legally sufficent
  • pitt v phh asset management - giving up a legal right to sue is sufficient