Offer

Cards (42)

  • What do offer and acceptance recquire?
    mirror image rule
  • What do offer and acceptance need?
    match exactly
  • What does consensus ad idem mean?
    a meeting of minds
  • What is offer?
    willingness to contract certain terms with the intention it shall become legally binding
  • What are the 2 types of offer?
    Bilateral and unilateral
  • What does bilateral mean?
    made to one person or a group
  • What does unilateral mean?
    made to the whole world
  • What case is an example of a unilateral offer?
    carlill
  • What are the 2 ways in which an offer can be made?
    express and implied
  • What does express offer mean?
    verbal or written
  • What case is an example of express offer?
    Taylor v Laird
  • What is implied offer?
    conduct or circumstances
  • What case is an example of implied offer?
    Wilkie v London Transport Passanger Board
  • What does invitation to treat mean?
    Invitation to others to make or negotiae an offer. It is not an offer.
  • What are some examples of invitation to treat?
    shop window displays, window displays, advertisments, timetables, auctions, tenders, catalogues
  • How is a contract formed?
    goods are displyed or advertised
    customer offers to buy
    seller can accept or reject
    if accepted a contract is formed
  • What happened in Carlill?
    the offer of £100 if you caught flu was made to the whole world and it was an offer because it had specific terms
  • In what case was goods on shelves an invitation to treat?
    Boots
  • In what case was simply a reply to a request for more information?
    Harvey v facey
  • what are adverts?
    invitation to treat and not offers
  • In what case was selling wild live birds an invitation to treat?
    Partridge v Crittenden
  • In what case was the advert at 9AM on Saturday for 3 fur coats for $1?
    Lefkowitz
  • What does revocation mean?
    offer ends if withdrawn before accepted
  • In what case G sent a letter to withdraw his offer before the time limit?
    Routledge v Grant
  • In what case revocation from a 3rd party was effective?
    Dickinson v Dodds
  • In what case the contract was formed when acceptance was sent by telegraph?
    Byrne v Van Tienhoven
  • In what case was a unilateral offer removed in the same notoriety with which it has been made?
    Shuey v US
  • In what case were the payments an ongoing act of acceptance so the offer could not be revoked?
    errington v errington
  • what does a counter offer do?
    changes the original offer and brings it to an end
  • There is no acceptance when?
    All of the terms of the offer have not been agreed to
  • In what case was a counter offer of £950 and was rejected?
    Hyde v wrench
  • When do counter offers happen?
    when companies use their own forms to create a contract
  • What is the general rule?
    He who fires the last shot wins
  • What contract do you follow?
    The comoany to send the paperwork last with their terms on is the one to be followed.
  • What is not a counter offer?
    requesting more information
  • In what case did the reply ask whether credit terms were available?
    Stevenson v McLean
  • What does lapse of time mean?
    An offer can end if only open for a limited time or time between offer and acceptance is not reasonable
  • In what case did the offer of shares in June was not accepted until November?
    Ramsgate Victoria Hotel v Montefiore
  • Offers of a what nature end?
    personal nature
  • Offers of what nature can still be honoured?
    general nature