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Contract Law - Offer and Acceptance
Contract Law Cases
18
Law
Post-Graduate
07/20/2014

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Cards

Term
Smith v Hughes
Definition
Test of agreement is an objective test (if it is a written 5000, means it is 5000 even if the intent was different)
Term
Fischer v Bell
Definition
Display in a shop is an invitation to treat
Term
Patridge v Crittenden
Definition
Advertisements are an invitation to treat
Term
Carill v Carbonic Ball
Definition
Advertisements that ask the consumer to do something to their detriment are unilateral contract offers and are binding
Term
Barry v Davies
Definition
In no-reserve auctions, there is a contract between the auctioneer and the bidder for the auctioneer to sell the product to the highest bidder
Term
Harvela Investments
Definition
Unilateral contracts in tenders
Term
Blackpool Aeroclub v BBC
Definition
In tenders, the organisation offering a tender is entering a unilateral contract with bidders to consider all tenders which were properly submitted. It failed to do so and is liable to the aeroclub for loss of opportunity
Term
Byrne & Co
Definition
Withdrawal of offer must be given and communicated before the acceptence to the offeree to be effective
Term
The Brimnes
Definition
Notice of revocation will be effective on receipt where it is reasonable to expect member of staff to be available to read it
Term
Dickinson
Definition
Revocation can be communicated by a reliable 3rd party
Term
Hyde v Wrench
Definition
A counteroffer is a rejection of the original offer
Term
Entores
Definition
Acceptance must be communicated
Term
Powell v Lee
Definition
Acceptance must be communicated by offeree or duly authorised agent
Term
Adams v Lindsell
Definition
Postal rule – acceptance valid upon posting
Term
Household Fire Insurance
Definition
It is irrelevant whether letter was lost in the post
Term
Agency by estoppel
Definition
a. At some stage represented
b. Reliance
c. Altering of position (entering a contract)
Term
Holwell Securities
Definition
The word “notice” excluded the postal rule from applying
Term
Balfour v Balfour
Definition
There is no intention to create legal relations in family agreements
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