Podcast
Questions and Answers
What was the nature of the second telegram from the defendants in Harvey v Facey?
What was the nature of the second telegram from the defendants in Harvey v Facey?
- An invitation to treat
- An acceptance of the offer
- A mere indication of the minimum price (correct)
- A counter-offer
In Preston Corp. Sdn Bhd v Edward Leong & Ors, what was concluded about price quotations?
In Preston Corp. Sdn Bhd v Edward Leong & Ors, what was concluded about price quotations?
- They can never be relied upon
- They are binding offers
- They are invitations to treat (correct)
- They constitute acceptance of an offer
What did Partridge v Crittenden illustrate regarding advertisements?
What did Partridge v Crittenden illustrate regarding advertisements?
- Advertisements can be seen as binding offers
- Advertisements must include 'offer for sale'
- Advertisements serve as invitations to treat (correct)
- Advertisements cannot be used to induce offers
What was the role of the third telegram sent by the plaintiffs in Harvey v Facey?
What was the role of the third telegram sent by the plaintiffs in Harvey v Facey?
Which of the following best describes the ruling in Harvey v Facey?
Which of the following best describes the ruling in Harvey v Facey?
What is the primary legal significance of advertisements according to the case of Hart v Mills?
What is the primary legal significance of advertisements according to the case of Hart v Mills?
What legal principle regarding contracts is illustrated by Preston Corp. Sdn Bhd's case?
What legal principle regarding contracts is illustrated by Preston Corp. Sdn Bhd's case?
What was emphasized regarding the nature of responses to price inquiries in contract law?
What was emphasized regarding the nature of responses to price inquiries in contract law?
In the case of Pharmaceutical Society of Great Britain v Boots Cash Chemist Ltd, when does a contract of sale occur?
In the case of Pharmaceutical Society of Great Britain v Boots Cash Chemist Ltd, when does a contract of sale occur?
How does Lord Parker's statement in Fischer v Bell characterize the display of goods in a shop window?
How does Lord Parker's statement in Fischer v Bell characterize the display of goods in a shop window?
In what manner did the court view the advertisement in Partridge v Crittenden?
In what manner did the court view the advertisement in Partridge v Crittenden?
What principle is upheld if selecting an article from the shelves constituted a sale?
What principle is upheld if selecting an article from the shelves constituted a sale?
What legal question was central to the case involving Boots Cash Chemist?
What legal question was central to the case involving Boots Cash Chemist?
What does the request for price quotes typically represent in contract law?
What does the request for price quotes typically represent in contract law?
According to the principles discussed, what is necessary for a binding contract to exist in a sales context?
According to the principles discussed, what is necessary for a binding contract to exist in a sales context?
Based on the content, what is implied about the role of a cashier in a retail transaction?
Based on the content, what is implied about the role of a cashier in a retail transaction?
What is the significance of communication in the acceptance of a contract?
What is the significance of communication in the acceptance of a contract?
How can acceptance be expressed according to the CA 1950?
How can acceptance be expressed according to the CA 1950?
What happens to the acceptance communicated by letter under the Postal Rule?
What happens to the acceptance communicated by letter under the Postal Rule?
In the context of a contract, who is referred to as the 'promisor'?
In the context of a contract, who is referred to as the 'promisor'?
When is acceptance considered complete according to the case of Henthorn v Fraser?
When is acceptance considered complete according to the case of Henthorn v Fraser?
What does S. 4(2)(a) CA 1950 state about the communication of acceptance?
What does S. 4(2)(a) CA 1950 state about the communication of acceptance?
What is the role of the 'promisee' in a contract?
What is the role of the 'promisee' in a contract?
Which scenario does not validate a contract's acceptance through post?
Which scenario does not validate a contract's acceptance through post?
Under what condition can an acceptor revoke their acceptance?
Under what condition can an acceptor revoke their acceptance?
When is the communication of revocation by the offeror complete against the offeror?
When is the communication of revocation by the offeror complete against the offeror?
What happens if the acceptor revokes their acceptance after it has reached the offeror's knowledge?
What happens if the acceptor revokes their acceptance after it has reached the offeror's knowledge?
How is the communication of revocation completed against the acceptor?
How is the communication of revocation completed against the acceptor?
If an acceptor sends a telegram to revoke their acceptance, when does the revocation become effective against the offeror?
If an acceptor sends a telegram to revoke their acceptance, when does the revocation become effective against the offeror?
What is an important consideration when an acceptor wishes to revoke an acceptance made by post?
What is an important consideration when an acceptor wishes to revoke an acceptance made by post?
What does 'not afterwards' imply in S. 5 regarding revocation of acceptance?
What does 'not afterwards' imply in S. 5 regarding revocation of acceptance?
Which statement accurately describes the process of revocation communication according to S. 4(3)?
Which statement accurately describes the process of revocation communication according to S. 4(3)?
What legal case established that an offer can be revoked even if the offeror states it will remain open for a specified time?
What legal case established that an offer can be revoked even if the offeror states it will remain open for a specified time?
According to S. 6(a) CA 1950, how can an offer be revoked?
According to S. 6(a) CA 1950, how can an offer be revoked?
What indicates that an offer can lapse if specific conditions are not met?
What indicates that an offer can lapse if specific conditions are not met?
Which of the following is NOT a recognized way to revoke an offer under S. 6 CA 1950?
Which of the following is NOT a recognized way to revoke an offer under S. 6 CA 1950?
What happens if the proposer of an offer dies or suffers a mental disorder?
What happens if the proposer of an offer dies or suffers a mental disorder?
In the context of an offer, what does 'lapse of time' refer to?
In the context of an offer, what does 'lapse of time' refer to?
What does S. 6(c) CA 1950 illustrate regarding conditions of acceptance?
What does S. 6(c) CA 1950 illustrate regarding conditions of acceptance?
Which statement is true regarding the ability to revoke an offer during a specified time period?
Which statement is true regarding the ability to revoke an offer during a specified time period?
Flashcards are hidden until you start studying
Study Notes
Invitation to Treat
- Advertisements and negotiations constitute an invitation to treat, not a binding offer.
- An offer must come from the party aware of the advertisement.
Display of Goods
- Display of goods in shops is merely an invitation to treat, as established in Pharmaceutical Society of Great Britain v Boots Cash Chemist Ltd.
- The contract occurs at the point of sale when the cashier processes the transaction, not when the customer selects goods.
Price Quotes and Information Requests
- In Harvey v Facey, mere communication of a price is an invitation to treat, while a subsequent agreement constitutes an offer.
- In Preston Corp v Edward Leong, price quotations were deemed invitations to treat; the orders placed were the actual offers.
Advertisements and Circulars
- Advertisements do not constitute offers but invitations to treat, as shown in Partridge v Crittenden.
- Acceptance occurs when the offeree conveys assent to the offeror.
Communication of Acceptance
- Acceptance is only valid when communicated to the offeror, as per S. 9 CA 1950.
- Acceptance via post is effective when sent, as supported by the Postal Rule outlined in Henthorn v Fraser.
Revocation of Offers
- An offer can be revoked at any time before acceptance, even if a specific time frame is stated, demonstrated in Routledge v Grant.
- S. 6 CA 1950 details four methods to revoke an offer:
- By notice, communicated to the offeree.
- By lapse of a specified time or reasonable time without acceptance.
- By failure to fulfill conditions precedent to acceptance.
- By the proposer’s death or mental disorder, if known to the offeree before acceptance.
Revocation of Acceptance
- Acceptors may revoke acceptance before it is communicated to the proposer, as stipulated in S. 5(2) CA 1950.
- If acceptance is revoked before the notice reaches the offeror, it is valid; otherwise, it is ineffective.
Communication of Revocation
- Communication of revocation is complete when sent or received, as per S. 4(3) CA 1950.
- Example: Revocation by telegram is effective once dispatched; however, it is only effective for the offeree when received.
Context of Acceptance and Revocation
- Acceptors can withdraw their acceptance before the notice is received by the offeror, ensuring clarity and binding intentions in contract law.
Studying That Suits You
Use AI to generate personalized quizzes and flashcards to suit your learning preferences.
