Question | Answer |
Grainger & Son v Gough | Advertisements are not offers, they are merely invitations to treat. reason for this is that there is no objective intention. |
Carlille v Carbolic Smokeball Co. | Exception to Grainger. Advertisements can constitute offers if there is objective intention. |
Leonard v Pepsi Co | Exception to Carlille. Even if there is objective intention if no reasonable person would have expected to collect then there is no offer. |
Harvey v Facey | A quotation is not an offer - step in negotiations |
Spencer v Harding | Tenders may have collateral contracts e.g. read all offers before deciding or first come first served etc. |
Howberry Lane v Telecom Eireann | Referential bids are preemptively excluded from tenders. |
Brogden v Metro Rlwy | Acceptance can be express or implied. |
Hyde v Wrench | Counter offer amounts to a rejection of the original offer. |
Wheeler v Jefery | Adding a new term constitutes a counter offer |
Stevenson v McClean | An enquiry will not constitute a counter offer |
Felthouse v Bindly | Silence is not acceptance |
Adams v Lindsell | General rule acceptance is complete on receipt. However if acceptance is posted it is complete upon posting. |
Holwell Securities v Hughes | Postal rule will not apply if a term of the contract dictates as such. |
Entores | The general rule applies to instantaneous means of communication. |
Payne v Cave | An offer can be withdrawn at any point before acceptance |
Byrne & Co v Leon | Postal rule does not apply to withdrawl |
Dickinson v Dodds | There is revocation if it has been reasonable conveyed from a reliable source |
Errington v Errington | It is implicit with unilateral offers that the offerer will not attempt to frustrate the preformance |
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