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Offer, Acceptance, Intention, Certainty, Third Parties Notes

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This is an extract of our Offer, Acceptance, Intention, Certainty, Third Parties document, which we sell as part of our Contract Law Notes collection written by the top tier of Oxford students.

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Offer, Acceptance, Consideration, Intention to Create Legal Relations, Certainty, Third Party Rights Offer, ITT & Acceptance

1. Offer or ITT

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Goods displayed on shelves =ITT (Pharmaceutical Society v Boots)

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Advertisement in bilateral contract =ITT (Patridge v Crittenden)

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Advertisement in unilateral contract = offer to whole world(Carlill v Carbolic)

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Invite to make formal application for housing=ITT (Gibson v Manchester CC)

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Invitation to submit tenders= offer when addressed to small number of interested parties, if: a) tender procedure's clear, orderly and familiar b) outcome is consistent w/assumption of commercial parties (Blackpool and Fylde Aero Club v Blackpool BC)

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Display of goods or advertisement to effect that goods will be sold at particular price =
offer
= ultimately depends on facts!

2. Acceptance

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Can take any form: a) by conduct (Brodgen v Metropolitan Railway) b) silence won't suffice (Felthouse v Bindley)

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could argue the rule is flawed in principle & shouldn't apply where offeror is seeking to use it to avoid the contract - shouldn't be able to rely on the rule intended to protect the innocent party c) method can be prescribed/requirement waived altogether, if doesn't adversely affect the offeree (Manchester v Diocesian Council for Education) d) courts can imply the requirement for acceptance to be communicated to him (Carlill v Carbolic)

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Must be communicated to the offeror (Felthouse v Bindley)
? Instantaneous communication (e.g. telex) a) contract is complete when acceptance is received by offeror b) contract is made at the place where acceptance is received (Entores v Miles?upheld in The Brinkibon? resolve issue by a. ref. to intention of parties b. sound business practice c. possible a judgment where the risks should lie (Thomas v BPE Solicitors)

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Performance of requested act = not acceptance unless performing party is aware of the offer

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Postal Rule:acceptance takes place upon posting (Household Fire Insurance v Grant)
= rule can be displaced by clear offeror's stipulation (Holwell Securities v Hughes -shouldn't apply where would lead to manifest inconvenience & absurdity)

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Must coincide w/ offer, otherwise = counter offer (Hyde v Wrench)

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Battle forms: parties exchange their own standard terms?is there agreement on material terms (Butler Machines v Ex-Cello Corp BUT o Tekdata Interconnections Ltd v Amphenol Ltd-can't have one universal rule but traditional O&A analysis appliesin most cases? provides degree of certainty desirable to commercial relations. SO take last counter offer as having been accepted. If there's long term conduct b/w parties, may dictate a different approach but court is slow to depart from traditional rules. o GHSP Incorporated v AB Electronic Ltd [2010] - disagreement on whether D's liability was capped ? failure to agree. Evidence of judicial reluctance to conclude no contract had been made when parties have behaved as if there was - judge scrapped both parties' terms & held SGA 1979 implied terms applied.

3. Revocation of Offer

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Can revoke anytime b/facceptancebutonce accepted can't withdraw

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Withdrawal must be communicated to the offeree (Byrne v Tienhoven)

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