Contract Law at University of Portsmouth

Flashcards and summaries for Contract Law at the University of Portsmouth

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Principle 1: Acceptance must be unequivocal 

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Offer

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Principle 2: Acceptance must mirror the offer
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Silence 

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Unilateral contract

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Bilateral contract

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Gibson V Manchester City Council 
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Exemplary flashcards for Contract Law at the University of Portsmouth on StudySmarter:

Revocation 

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Fisher V Bell (1961)

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Automatic revocation of an offer

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Third-party revocation
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Which statements true in regards to an offer?

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Exemplary flashcards for Contract Law at the University of Portsmouth on StudySmarter:

Contract Law

Principle 1: Acceptance must be unequivocal 
This essentially means that there must be nothing left to be negotiated by the parties.

Contract Law

Offer
An expression of willingness to contract specified terms with the intention that it shall be binding once accepted to whom it is addressed as outlined in the case of Storer V Manchester City Council.

Contract Law

Principle 2: Acceptance must mirror the offer
The acceptance must correspond exactly with the offer in order to be valid and form a binding contract. A response that does not reflect to the the offer is mainly considered as a counter offer as per Hyde V Wrench.

Contract Law

Silence 
The offeror cannot state that the offeree's silence qualifies as acceptance. It must be communicated. This was demonstrated in the case of Felthouse V Bindley were it was inferred that silence cannot amount to acceptance.

Contract Law

Unilateral contract
A unilateral contract is formed where the offeror makes a promise in exchange for an act by any offeree. This is often to be considered a contract with the whole world, as theoretically  any offeree may accept the contract. Acceptance is made through the performance of the act specified in the offer and the offeree need not communicate his intentions to accept/ perform.

Contract Law

Bilateral contract
Where both parties have the same rights, duties and consideration

Contract Law

Gibson V Manchester City Council 
There was clearly no display of contractual intent due to conduct of words used such as "may be prepared". The statement contains vague and ambiguous words pertaining the Council were open to negotiation and thus construed as an invitation to treat rather than an offer.

Contract Law

Revocation 
Revocation is the liberty to withdraw an offer which must take place before acceptance. If this is communicated to the offeree before acceptance, the offer comes to the end and no acceptance can be valid as per Bryne V Van Tienhoven.

Contract Law

Fisher V Bell (1961)
Display of good in shop window is invitation to treat, not an offer.

Contract Law

Automatic revocation of an offer
An offer will be automatically be revoked after a reasonable lapse of time. 'Reasonable' is assessed on a case-by-case basis. In Ramsgate Victoria Hotel V Montefiorean offer was accepted by the claimant 6 months after the offer, but the courts held that this offer has been revoked due to the lapse of time.

Contract Law

Third-party revocation
A third-party may also revoke the offer by communicating this to the offeree. In order for the revocation to be effective, the third party must be objectively reliable as per Dickson V Dodds.

Contract Law

Which statements true in regards to an offer?
Certain promise to be bound

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