Contract Law - Acceptance and offer EVAL

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Intro - the rules on offer, acceptance, legal intent and consideration were developed...
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Terms in this set (46)
Offer 1 - Another justification for ITTs?Offer 1 - If shop owner made a mistake in pricing, they are protected from having to sell at incorrect prices.Offer 1 - Partridge v Crittenden (another reason for satisfactory law)Offer 1 - If ad for wild birds was an offer would create issues if received 100 replies of acceptance when only had 5 birds to sell. By the ad being an ITT the seller is able to reject offers if they need to.Offer 1 - Finally, justification for ITTs is based on English law...Offer 1 - 'freedom of country' - a party may choose with whom they wish to contract. To allow a shop display to be an offer would remove owner's right to decide whether to contract with particular customers.Offer 2 - What is the second evaluation point for offers?Offer 2 - What compromises a 'course of action' in an advertisement?Offer 2 - The Carlill advert - is it an ITT or an offer?Offer 2 - appears to be an ITT but is an offer.Offer 2 - What makes the Carlill ad an offer?Offer 2 - Making customers take a course of action and promising something if completed.Offer 2 - What is the definition of course of action?Offer 2 - In this or later cases there is no clear definition as to what a 'course of action is'' and what will convert an ITT into an offer.Offer 2 - Criticism of the current law may be irrelevant - why?Offer 2 - Because businesses understand the rules of Carlill and few adverts now contain specific promises which would change the ITT advert into an offer.Offer 3 - What is the third (and final) evaluation point?Offer 3 - An offer may be legally withdrawn even within a stated periodOffer 3 - What is a stated period?Offer 3 - An offer may be said to be open for acceptance for a fixed period.Offer 3 - Why might the stated period be important to an offeree?Offer 3 - The offeree may rely on that statement and yet the offeror may withdraw the offer within that fixed period with no liabilityOffer 3 - Case of withdrawal of offer within fixed period?Offer 3 - Routledge v GrantOffer 3 - Why might this rule be unfair on the offeree?Offer 3 - They may have relied on the fixed period and incurred expenses before deciding to accept the offer.Offer 3 - What is a justification for the Routledge decision?Offer 3 - Is that an offeror should always be able to contract with whoever they want, whenever they want.Offer 3 - What should an offeree do if the contract is vital to them?Offer 3 - If the offer is so important to the offeree then the offeree should insist on putting down a non-returnable deposit to make the contract binding immediately.Offer 3 - Reform suggested by the Law Commission 1975?Offer 3 - An offer, if said to be open for a fixed period, must remain open for acceptance for that period.Offer 3 - Reform, a breach of the statement of being 'open' for a fixed time could lead to...Offer 3 - the offeree being awarded damages for any reasonable expenses incurred.Acceptance 1 - What is the first evaluation point for acceptance?Acceptance 1 - Acceptance must be communicatedAcceptance 1 - What does this rule mean?Acceptance 1 - This means that the offeror must be made aware of the acceptance.Acceptance 1 - Why is this rule a good idea?Acceptance 1 - It is sensible as otherwise the offeror may contract with another person without knowing the first offeree has accepted the offer.Acceptance 1 - What do judges consider?Acceptance 1 - They do not consider what the parties actually intended (don't use a subjective approach)Acceptance 1 - In what case was the objective test unfair?Acceptance 1 - Felthouse v BindleyAcceptance 1 - Possibly unfair decision in Felthouse due to ..Acceptance 1 - there being no evidence of the acceptance, but there was evidence of the nephew's instructions to the auctioneer.Acceptance 1 - What is the justification for this decision in Felthouse?Acceptance 1 - Is that for the court to declare there to be a valid contract there should be clear and identifiable evidence.Acceptance 1 - If the offer must be communicated...Acceptance 1 - then so should the acceptance.Acceptance 1 - Acceptance may not have to be communicated in the instance of..Acceptance 1 - Carlill, acceptance may not have to be communicated when need for communication has been waived by the offeror. (As offer was unilateral)Acceptance 1 - in Felthouse the uncle did not waive this need for communication but said the nephew's silence would actually be..Acceptance 1 - the acceptance. which it can't be. a subtle difference that caused confusion.Acceptance 2 - What is the second evaluation point of acceptance?Acceptance 2 - Confusion between counter-offers and requests for information.Acceptance 2 - Counter offer caseAcceptance 2 - Hyde v Wrench (in which the offer is cancelled)Acceptance 2 - Request for information caseAcceptance 2 - Stevenson v McLean (the offer remains open for acceptance)Acceptance 2 - Reform - What changes could be made to create consistency to counter offers and requests for information?Acceptance 2 - The law could be that a counter offer would have no effect on the original offers and negotiations would continue, both parties knowing original offers still existed.Acceptance 2 - Would this reform work in simple and complicated negotiations?Acceptance 2 - In simple negotiatins this may prove a fair result but in a complicated negotiation confusion would occur.Acceptance 2 - What is the present law?Acceptance 2 - Under the present law the parties end their previous offers by making counter offers so there is only one offer in existence at any one time - a simple rule.Acceptance 2 - What would be an issue with all offers being open for acceptance?Acceptance 2 - If all offers remained open for acceptance despite counter-offers then a party could accept an offer than was made at the start of negotiations which may be minutes, hours or days beforehand.Acceptance 2 - What would be required to ensure there was no misunderstanding about what offer was being accepted?Acceptance 2 - An accurate record of all offers would be needed to ensure there was no misunderstanding over what was being accepted.Acceptance 2 - Law is the only practical alternativeAcceptance 2 - to the suggested reform of all offers being open for accept.