Offer, Acceptance, CoA, Termination & Special case

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Can you name the Cases: Offer, Acceptance, CoA, Termination & Special case?

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Definition of an OfferAn offer may be defined as a statement of '____' to contract on specified terms made with the intention that if accepted, there will arise a binding contract.
Can contract with the whole world through advertisement.
Display of goods only amounting to invitation to treatShops not bound to sell goods at prices indicated and customer cannot demand to buy a particular item on display
If proper procedures for tenders are followed, the tender has to be consideredAdministrative error on the part of defendant resulted in a proper bid not considered.
Counter-offer: No offer at this stage unless it has been accepted by conduct.
Acceptance by PostAcceptance is completed immediately after the posting of letter of acceptance, even if the letter is delayed, destroyed or lost in post so that it never reaches the offeror.
Postal rule not applied when express terms of the offer exclude it in the form of 'Notice in Writing''Notice in Writing' - Acceptance in this case has to reach the offeror.
'If I hear no more about him, I consider the horse mine at the 'stated price'.It is not open to the offeror to impose a contract on the offer
Steps in negotiations different from an offer.
Appellant not guilty of 'offering for sale' of a wild bird.Advertisements are normally construed as invitations to treat.
Circulars, catalogues, price-lists: Invitations to treat.
Flick knife on display for sale in a shop - invitation to treatDisplay of an article with a price on it in a shop window is an invitation to treat.
Not obliged to contract with the most favourable tender.
'We bind ourselves to the highest offer'Invitation to tender amount to an offer to sell to the highest bidder.
Auctioneer's request for bids is an invitation to treat and each bid is an offers57(2) of Sales of Goods Act 1979
An advertisement that an auction will be held is not an order..
However, to hold an auction 'without reserve' would amount to an offer selling to the highest bidder.
In a sale without reserve, there is a collateral contract(T/A Heathcoteball)
Definition of Acceptanceit must indicate a willingness to contract on the exact terms put by the offeror.
Cross offers are not acceptances of each other. .
A counter-offer effect in law is to bring an end to the original offerDefendant offered to sell a farm to the claimant for £1000, who made a counter-offer of £950. This was rejected by D. Later, C purported to accept the original offer of £1000. No contract. The counter-offer of £950 had impliedly rejected the original offer which was no longer capable of acceptance.
A counter-offer should be distinguished from a mere request for more informationIn response to defendant's offer to sell goods at stated price, claimants inquired whether delivery can be spread over two months. No reply. But C accepted the offer. Held that there was a binding contract.
Effective communication of acceptance. Time and place of the formation of the contract will be determined by the intentions of the parties, sound business practice and possibly theThe general rule .... is that a contract is formed when acceptance of an offer is communicated to the offeree by the offeror. (per Lord Wiberforce)
Postal rule does not apply if post is not appropriately stamped and addressed.
Where means of communication are instantaneous, contract will come into being where and when acceptance is receivedTelex message sent out of OFFICE HOURS not considered instantaneous.
Promise to keep offer open for a period of time will not be binding unless supported by considerationon the issue of Firm Offers.
Letter of Revocation only effective when reached offereeContrary to Postal Rule! Claimants letter of acceptance reached the Defendants earlier than the D's Letter of Revocation
Revocation can be communicated by reliable third-parties.
If offeror died and offeree did not know, acceptance of contract would still be valid if the validity of the contract does not depend on the offeror being alive.
Revocation.
Depending on nature of contract, revocation of an unilateral offer may be givenEgypt.
Father's promise 'If you pay the installments, then I promise to give you the house'Promise could not be revoked once the couple entered on performance of the act, but it would cease to bind him if they left it incomplete and unperformed, which they have not done. - per Lord Denning LJ

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Created Aug 4, 2011ReportNominate
Tags:acceptance, case, offer, special