Hint | Case Names |
Definition of an Offer | |
Can contract with the whole world through advertisement | |
Display of goods only amounting to invitation to treat | |
If proper procedures for tenders are followed, the tender has to be considered | |
Counter-offer: No offer at this stage unless it has been accepted by conduct | |
Acceptance by Post | |
Postal rule not applied when express terms of the offer exclude it in the form of 'Notice in Writing' | |
'If I hear no more about him, I consider the horse mine at the 'stated price'. | |
Steps in negotiations different from an offer | |
Appellant not guilty of 'offering for sale' of a wild bird. | |
Circulars, catalogues, price-lists: Invitations to treat | |
Flick knife on display for sale in a shop - invitation to treat | |
Not obliged to contract with the most favourable tender | |
'We bind ourselves to the highest offer' | |
Auctioneer's request for bids is an invitation to treat and each bid is an offer | |
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 | |
Definition of Acceptance | |
Cross offers are not acceptances of each other. | |
A counter-offer effect in law is to bring an end to the original offer | |
A counter-offer should be distinguished from a mere request for more information | |
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 the | |
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 received | |
Promise to keep offer open for a period of time will not be binding unless supported by consideration | |
Letter of Revocation only effective when reached offeree | |
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 given | |
Father's promise 'If you pay the installments, then I promise to give you the house' | |
Comments