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Cases Offer N Acceptance

Contract law (University of London)

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Contract Law Offer N Acceptance By: Ali Yousaf Gujjar

Partridge v Crittenden (1968) Adverts are an invitation to treat

Carlill v Carbolic Smoke Ball Company Ltd (1893)

Offer in an advert was held to be a unilateral offer to the world at large

Pharmaceutical Society of Great Britain v Boots Cash Chemists Ltd (1953)

Display of good in a self-service shop is an invitation to treat

Fisher v Bell (1961) Display of goods in a shop window is an invitation to treat

British Car Auctions v Wright (1972)

Auction booklets constitute an invitation to treat

Sale of Goods Act section 57(2)

Sale at an auction is complete upon the fall of the auctioneer's hammer, or in other
customary manner

Harvey v Facey (1893) Mere statements of price are invitations to treat

Bryne v Van Tienhoven [1880]

Revocation must be communicated before acceptance. In postal communication, revocation
only valid upon receipt.

Errington v Errington & Woods (1952)

Once performance of a unilateral contract has commenced, revocation cannot take place

Ramsgate Victoria Hotel Co Ltd v Montefiore (1866)

Offers lapse after a 'reasonable time'. Reasonable time depends on the offer and subject
matter of the contract.

Dickinson v Dodds (1876)

Revocation can be communicated through a third party, on whom both parties can rely.

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Taylor v Laird (1856)

No party can be bound by an offer of which they were unaware.

Inland Revenue Commissioners v Fry (2001)

In unilateral contracts, the offer must have awareness of the offer for it to be valid.

Shuey v United States (1875)

To revoke a unilateral offer, the offeror must take reasonable steps to notify

Hyde v Wrench (1840)

Counter-offers kills off old offer; cannot be returned to

Stevenson, Jaques & Co v McLean (1880)

Requests for information are not counter offers

Felthouse v Brindley (1863)

Silence cannot be acceptance, unless you do something to bind yourself

Entores v Miles Far East Corporation (1955)

Acceptance must be communicated to the offeror; river analogy

Brogden v Metropolitan Railway Co (1877)

Acceptance can be by conduct, starting to do the contracted work

Brinkibon v Stahag Stahl (1983)

no universal rule for acceptance by instantaneous means, must be looked at with reference
to party intention, sounds business practice and a judgement of where the risk should lie

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