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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withdrawn before accepted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
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