Contract Crammer - Offer and Acceptance



Offers
  1. Storer v Manchester City Council
  2. Carlill  Carbolic Smokeball Company

  • What is an Offer?
  • Can an offer be to the world at large?

Distinguishing Offers from Other Phenomena
  1. Harvey v Facey
  2. Dooley v Egan
  3. Gibson v Manchester City Council
  4. Pharma Soc of GB v Boots Cash Chemist
  5. Minister for industry and commerce v Pim
  6. Partridge v Crittendon
  7. Carlill v Carbolic Smokeball Company
  8. Lefkowitz v Great Minneapolis Surplus Store
  9. Harris v Nickerson
  10. Tully v Irish Land Commission?
  11. Spencer v Harding
  12. Harvela Investments v Royal Trust of Canada

When are the following 'offers'?
  • Statements of opinion
  • Statements of intent
  • Display of goods
  • Advertisements
  • Auctions
  • Tenders


Termination
Rejection
  1. Stephenson, Jacques & Co v McLean
  2. Equal Status Acts 2000-2004
  3. EC Treaty and Competition Acts 1991-2002

Counter Offer
  1. Hyde v Wrench
  2. Jones v Daniel

Death/Incapacity
  1. Coulthart v Clementson
  2. Re Whelan
  3. Reynolds v Atherton

Revocation
  1. Routledge v Grant
  2. Walker v Glass
  3. Dickinson v Dodds
  4. Byrne v Van Tienhoven

Lapse
  1. Parkgrange Investments v Shandon Park Mills
  2. Commane v Walsh
  3. Ramsgate Victoria Hotel v Montefiore

  • Can an offer be accepted after it is revoked?
  • What is a counter-offer?
  • How does the death of offeror/offeree effect offer?
  • Can an offer be revoked even if there was a promise to keep it open?




Acceptance
  1. Fitch v Snedaker
  2. R v Clarke
  3. Williams v Carwardine
  4. Taylor v Laird

Counter Offers
  1. Tansey v College of Occupational Therapists
  2. British Road Services v Crutchly Ltd
  3. Butler Machine Co v Ex-cell-O Corp
  4. Stephenson v McLean

Unilateral Acceptance
  1. Luxor (Eastbourne) v Cooper
  2. Daulia Ltd v Four Millbank Nominees
  3. Errington v Errington

Implied acceptance
  1. Billings v Arnott
  2. Brogden v Metropolitan Railway Company
  3. Anglia Television v Cayton

Acceptance by Silence
  • Treitel
  1. Felthouse v Bindley
  2. Russell & Baird v Hoban
  3. Re Selectmove
  4. Western Electric v Welsh Development Authority
  5. S47 Sale of Goods and Supply of Services Act

Communication of Acceptance
  1. Entores Ltd v Miles Far East Copr
  2. Parkgrange Investments v Shandon park Mills
  3. The Brimnes


Postal Rule
  1. Adams v Lindsell
  2. Sanderson v Cunningham
  3. Byrne v Van Tienhoven
  4. Entores Ltd v Miles Far East Corp
  5. Electronic Communications Act 2000
  6. EC Regulations 2003
  • Can you accept an offer in ignorance of that offer?
  • Does acceptance have to be your motive for doing something? or even a Primary motive?

  • What if acceptance is conditional?
  • What cases show 'battle of forms' in action?
  • Does an inquiry amount to a counter offer?

  • At what stage of performance is a unilateral offer accepted?

  • Can unilateral offers be accepted by conduct?
  • What's the classic case on acceptance by conduct?
  • When will an offer be accepted by conduct?

  • Can an offer be accepted by silence? What's the Irish case for this?
  • Can parties agree silence will be sufficient?
  • Will acquiescance effectively be implied acceptance?

  • Does acceptance need to be communicated?
  • What if a contract is signed but not returned?
  • What if the offereeis the reason communication fails?

  • What is the postal rule?
  • When/where does acceptance occur?
  • When is a Revocation received?
  • How does instant communication effect postal rule?

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