Contract Law: Offer and Acceptance

<p>Byrne v Van Tienhoven. (B)</p> Signup and view all the answers

<p>An exchange of documents where terms can be negotiated and modified. (D)</p> Signup and view all the answers

<p>In case of postal strikes affecting delivery. (D)</p> Signup and view all the answers

<p>It is only accepted upon performance of a specified act. (D)</p> Signup and view all the answers

<p>Rejection (D)</p> Signup and view all the answers

<p>Hyde v Wrench (A)</p> Signup and view all the answers

<p>If it is a firm offer with consideration (D)</p> Signup and view all the answers

<p>It lapses automatically (C)</p> Signup and view all the answers

<p>It may be indirect as long as the offeree learns of it (A)</p> Signup and view all the answers

<p>It requires acceptance through performance of a condition (B)</p> Signup and view all the answers

<p>Conflicting standard terms between parties in contract negotiations (B)</p> Signup and view all the answers

<p>Upon sending the acceptance letter (D)</p> Signup and view all the answers

<p>Surrounding circumstances indicative of a reasonable duration (D)</p> Signup and view all the answers

<p>An offer that can only be accepted by performance of a specific act. (B)</p> Signup and view all the answers

<p>An auction where bidding is encouraged. (B), A display of goods in a store with prices listed. (C)</p> Signup and view all the answers

<p>Acceptance can be communicated via post and is effective when sent. (A)</p> Signup and view all the answers

<p>A promise made in exchange for a promise from another party. (A)</p> Signup and view all the answers

<p>The advertisement specifies clear, unambiguous terms that can be accepted. (A)</p> Signup and view all the answers

<p>One party emails acceptance of an offer with additional terms attached. (A), Two companies send conflicting purchase orders to each other without acknowledgment. (C)</p> Signup and view all the answers

<p>An acceptance made after the offer has been revoked. (A), An acceptance that alters the terms of the original offer significantly. (C)</p> Signup and view all the answers

<p>The offer must have clear and definite terms. (A)</p> Signup and view all the answers

<p>A store placing goods on sale with price tags. (B)</p> Signup and view all the answers

Usually, acceptance of an offer requires communication. Silence doesn't signify acceptance.

Past dealings, prior agreements, or service that can't be returned can make silence acceptance.

Acceptance is valid when sent by post, not when received. Important in offer and acceptance timing.

Revoking an offer by post requires the revocation to be RECEIVED.

Commercial contracts often have multiple forms/documents with different terms. How are agreements reached?

Acceptance of an offer using instant communication (phone, email) requires the other party to receive the acceptance.

The postal rule might not apply if: 1) receiving is required; 2) sending is inconvenient.

A willingness to contract on specific terms, intending to be bound upon acceptance by the recipient.

Interpreting an offer based on how a reasonable person would understand it, not the offeror's intentions.

An invitation to make an offer, not an offer itself.

Generally considered invitations to treat, not offers themselves.

Generally considered invitations to treat.

Usually viewed as invitations to treat.

The auctioneer's call for bids is an invitation to treat; bidders make the offers.

Typically viewed as invitations to treat.

Showing that an invitation to treat might actually be an offer, based on the objective interpretation, in specific circumstances.

If an offer is rejected, it is terminated. The rejecting party cannot later accept.

An offeror can withdraw an offer before acceptance. Communication isn't always direct, but the offeree must know.

An offer expires after a reasonable time. The offer's duration depends on context – e.g., faster for shares, longer for land.

Changing the terms of an offer is essentially a new offer.

If an offeror promises to keep an offer open, typically in exchange for consideration, it cannot be revoked during that period.

Advertisements, displays, and quotations are typically invitations to make an offer. However, intent of party to make an offer matters.

Modifying the terms of an offer is considered a counter-offer, rejecting the original offer.

A request for information to clarify an offer is not a counter-offer. It does not terminate the initial offer.

An offer can be revoked even if the offeror had stated it would stay open for a period of time if the offeree learns of the withdrawal.