Cases

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university Contract (Offer and Acceptance) Flashcards on Cases, created by mforan on 02/09/2013.
mforan
Flashcards by mforan, updated more than 1 year ago
mforan
Created by mforan about 11 years ago
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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Payne v Cave An offer can be withdrawn at any point before acceptance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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