offer & acceptance

• What is the starting point of a contract?

  An offer
• What must an offer have to be considered valid?

  Definite terms

  • Gibson V Manchester City Council
• What case established that an advert is an invitation to treat?

  Partridge V Crittenden
• What happens if an advertisement contains a clear indication of an offer?

  It becomes a unilateral contract
• When does a unilateral contract arise?

  When the offeree completely performs a required act
• What case is associated with unilateral contracts?

  Carlill v Carbolic Smoke Ball Co.
• What are goods in a shop window considered?

  An invitation to treat

  • Fisher V Bell
• What is the legal status of lots in an auction?

  They are an invitation to treat

  • British Car Auctions V Wright
• What case established that a request for information is not an offer?

  Harvey V Facey
• Who can make an offer?

  Anyone or anything

  • Thornton v Shoe Lane Parking
• When does an offer come into existence?

  When it is communicated to the offeree
• What must the offeree know for an offer to be valid?

  They must know about the offer

  • Taylor v Laird
• What case emphasizes the importance of timing in an offer?

  Stevenson v McLean
• Can an offer be revoked at any time?

  Yes, if it is communicated

  • Routledge V Grant
• How can an offer end after a specified time?

  By a reasonable lapse of time

  • Ramsgate Victoria Hotel V Montefiore
• What case established that saying no or making a counter offer is rejection?

  Hyde V Wrench
• What happens to an offer upon the death of the offeror?

  It ends
• What is acceptance in contract law?

  Final and unconditional agreement to terms
• Can silence be considered acceptance?

  No, it cannot

  • Felthouse V Bindley
• What can an offeror require for acceptance?

  A specific form of communication
• What case established that auto generation in an email can be a signature?

  Neocleous v Rees
• What does the postal rule state about acceptance?

  Acceptance is at the point of posting
• What case is associated with the postal rule?

  Wells v Devani
• When does acceptance occur in other circumstances?

  When the offeror is aware of the acceptance

  • Entores V Miles Far East
• How does electronic acceptance differ from traditional acceptance?

  It occurs when the message is opened

  • Brinkibon V Stahag Stahl
• What are the key elements of an offer in contract law?

  • Must have definite terms
  • Can be made by anyone or anything
  • Comes into existence when communicated
  • Can be revoked if communicated
  • Ends upon death or specified time
• What are the key aspects of acceptance in contract law?

  • Final and unconditional agreement
  • Cannot be silence
  • Can require specific form
  • Postal rule applies for mail
  • Electronic acceptance occurs when opened