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  • Contract Law Cases

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    A Binding contract is formed as soon as it is accepted by the offeree. Acceptance must be communicated: Entores v Miles Far East Corp 2. By an authorised person 3. Silence does not amount to communication: Powell v Lee 4. Instantaneous communication effective when and where received. Exceptions to the communication rule: i) Unilateral contracts b) Expressly / impliedly waived c) Postal rule excluded: Adams v Lindsell Household Fire Ins v Grant

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    A Binding contract is formed as soon as it is accepted by the offeree. Acceptance must be communicated: Entores v Miles Far East Corp 2. By an authorised person 3. Silence does not amount to communication: Powell v Lee 4. Instantaneous communication effective when and where received. Exceptions to the communication rule: i) Unilateral contracts b) Expressly / impliedly waived c) Postal rule excluded: Adams v Lindsell Household Fire Ins v Grant

    Copyright:

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    Scarica in formato PDF, TXT o leggi online su Scribd
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    2K visualizzazioni3 pagine

    Contract Law Cases

    Caricato da

    fadamna
    A Binding contract is formed as soon as it is accepted by the offeree. Acceptance must be communicated: Entores v Miles Far East Corp 2. By an authorised person 3. Silence does not amount to communication: Powell v Lee 4. Instantaneous communication effective when and where received. Exceptions to the communication rule: i) Unilateral contracts b) Expressly / impliedly waived c) Postal rule excluded: Adams v Lindsell Household Fire Ins v Grant

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    di 3

    Asif Tufal

    FORMATION OF A CONTRACT

    OFFER AND ACCEPTANCE

    Has the offeror made an or, an invitation to treat? ie,


    offer?
    1. Auctioneer’s call for bids: Payne v Cave

    2. Display of goods:
    Fisher v Bell
    PSGB v Boots

    3. Advertisement:
    Yes. Binding contract as
    Partridge v Crittenden
    soon as it is accepted by the
    (except unilateral adverts: Carlill v Carbolic Smokeball)
    offeree.
    4. Mere statement of price:
    Harvey v Facey
    Gibson v Manchester CC

    Has there been an unqualified 5. Tender


    acceptance?

    But note the approach in:


    Brogden v Metropolitan Railway
    Gibson v MCC
    Percy Trentham v Archital Luxfer No contract

    1
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    Asif Tufal

    But may actually be a mere


    Yes No, if … 1. Counter-offer: request for more
    Hyde v Wrench information: Stevenson v
    McLean, or a
    2. Conditional acceptance “battle of the forms” issue:
    Butler Machine Tool v
    Excell-O-Corp
    1. Acceptance must be communicated:
    Entores v Miles Far East Corp

    2. By an authorised person: Powell v Lee

    3. Silence does not amount to Exceptions to the Postal


    communication: a) Unilateral contracts Rule:
    Felthouse v Bindley b) Expressly/impliedly i) Letter not properly posted
    Exceptions to the waived ii) Letter not properly
    4. Instantaneous communication effective communication rule c) Postal Rule: addressed
    when and where received: Adams v Lindsell iii) Postal rule excluded:
    Entores v Miles Far East Corp Household Fire Ins v Grant Holwell Securities v Hughes
    The Brimnes iv) “manifest inconvenience
    Brinkibon v Stahag Stahl or absurdity”

    Can a posted acceptance be


    Must a prescribed method Must there be knowledge of What if there was a “cross- revoked by quicker means?
    of acceptance be adhered the offer? offer”?
    to? See: a) Acceptance for reasons No contract according to Scotland – possibly
    Holwell Securities v Hughes other than the offer is Tinn v Hoffman Commonwealth – no:
    Tinn v Hoffman ineffective: R v Clarke Wenkheim v Arndt
    Yates Building v Pulleyn b) If offer plays some part AZ Bazaars v Ministry of
    then valid acceptance: Agriculture
    Williams v Carwardine
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    Asif Tufal

    TERMINATION OF THE OFFER

    Has the offer been terminated


    by …

    Acceptance Binding contract

    Rejection

    Revocation must be communicated or it


    Revocation is ineffective:
    Byrne v Van Tienhoven

    Either personally or by a reliable third


    party: Dickinson v Dodds
    Counter-offer:
    Hyde v Wrench Or, by taking reasonable steps if offer
    made to the whole world: Shuey v US

    Lapse of time:
    Ramsgate Hotel v Montefiore

    However, if unilateral offer accepted


    by performance, it cannot be revoked:
    Errington v Errington
    Failure of conditions: Daulia v Four Millbank Nominees
    Financings Ltd v Stimson

    Death, unless lack of knowledge


    and no personal element
    involved:
    Bradbury v Morgan

    3
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