Law paper 3

• Offer


  The starting point of the contract which must be definite in its terms, if not it's likely to be classed as an invitation to treat
• Offer


  • Gibson v Manchester CC
• Advert


  May be considered a unilateral contract and therefore a legal offer if there are specific terms that mean it can be accepted by fulfilling the terms of the offer
• Advert as offer


  • Carlill v Carbolic Smoke ball co.
• Offer


  Can be subject to time limits
• Offer with time limit

  • Stevenson v Mclean
• Advert


  Generally invitations to treat
• Advert as invitation to treat


  • Partridge v Crittenden
• Goods on display in a shop

  Will be an invitation to treat, when the customer makes cashier an offer by presenting the item at the till which can be accepted or rejected
• Goods on display as invitation to treat

  • Pharmaceutical Society v Boots
• Auction


  Invitation to treat, bidder makes an offer that can be accepted or rejected
• Auction as invitation to treat

  • British car auctions v wright
• Request for information and the reply

  Invitation to treat
• Request for information as invitation to treat


  • Harvey v Facey
• Offer


  Can be made by a notice or machine
• Offer by notice or machine

  • Thornton v Shoe Lane parking
• Revocation


  An offer can be withdrawn at any time but only before acceptance has been communicated
• Revocation of offer


  • Routledge v Grant
• Unilateral contract


  Offer can't be withdrawn once the other party has embarked on performance, until that party has been given a reasonable time to complete it
• Unilateral contract revocation


  • Errington v Errington & Wood
• Revocation


  Doesn't have to be the person to communicate revocation as long as it's a reliable source
• Revocation by reliable source

  • Dickinson v Dodd
• Counteroffer


  A rejection of the original offer as it significantly alters the terms of the contract
• Counteroffer


  • Hyde v wrench
• Offer


  If there is a time limit within the offer and this passes, then it comes to an end
• Offer ending due to time limit

  • Ramsgate Victoria Hotel v Montefiore
• Acceptance


  Must be communicated, and silence cannot be imposed as a method of acceptance
• Acceptance by silence


  • Felthouse v Bindley
• Acceptance method


  Offeror can stipulate a method of acceptance but this will only be a preference so the acceptance will still be valid
• Acceptance method


  • Yates v Pulleyn
• Acceptance


  Can take place through conduct
• Acceptance by conduct


  • Reveille v Anotech
• Acceptance by post


  Takes place once the letter is posted
• Acceptance by post


  • Adam v Lindsell
• Acceptance by post


  Offeror can exclude postal rule if they require notice in writing, which means they must actually receive the communication for acceptance to be valid
• Exclusion of postal rule

  • Howell Securities v Hughes
• Acceptance by electronic means

  Where the acceptance is received out of hours, when office reopens it will be classed as accepted
• Acceptance by electronic means

  • Brinkibon v Stahag
• Acceptance


  Decided on a case-by-case basis and will determine the time at which the offeror might reasonably have been expected to be aware of it
• Acceptance timing


  • Thomas & Gander v BPE