Evaluation of Offer + Acceptance

• Hyde v Wrench


  P: Counter offers end original offers

  KT: Certainty, clarity

  CA: Rigidity, limits freedom of contract

  C: Certain but rigid.
• Ramsgate Hotel v Montefiore


  P: Offers expire after a reasonable period of time

  KT: Flexibility

  CA: Uncertainty, limits freedom of contract

  C: Flexible but uncertain
• Dickenson v Dodds


  P: Revocation can be communicated via reliable third party

  KT: Flexibility

  CA: Uncertainty

  C: Flexible but uncertain
• Adams v Lindsell


  P: Acceptance communicated when posted

  KT: Certainty, offeree not blame if letter lost

  CA: Uncertainty, against offeror’s freedom of contract

  C: Certain but uncertain
• Gibson v MCC


  P: buyer is treated as the offeror

  KT: flexibility

  CA: confusing for lay consumers

  C: flexible but limits buyer’s freedom of contract
• Carlill v Carbolic Smoke


  P: unilateral contracts are not forced on anyone

  KT: freedom of contract, stops false promises

  CA: difficult to end, uncertainty

  C: protects freedom of contract but uncertain
• Holwell Securities v Hughes


  P: Postal rule can be overruled if notice in writing

  KT: certainty, offeree not blamed if letter lost

  CA: uncertainty, against offeror’s freedom of contract

  C: certain but uncertain
• Harvey v Facey


  P: An exchange of info is not an offer

  KT: certainty, freedom of contract

  CA: confusing for lay people

  C: certain but confusing