CHAR_A01.PDF, page 1-18 @ Normalize ( CHAR_A01.QXD )

A similar approach was taken in the following more recent case. The decision in these cases, that a contract did exist, even tho ...

clearly stipulates that the prescribed mode of acceptance is the only way to accept, then another method may be binding, provide ...

expect the user to contact them and tell them that the product was being used or that a bout of ’flu seemed to be starting! By ...

particularly in the case of a bilateral contract, silence alone is insufficient as acceptance. The general theme of Felthouse v ...

This contrasts with the situation where there is absolutely no knowledge of the offer. The following Australian case falls somew ...

If a person does not know of an offer he cannot claim to have accepted it, even if he performs what appears to amount to an acc ...

The postal rule Acceptance by post is effective as soon as it is posted. This is an attempt to solve the problem of balancing th ...

More recently, decisions in this area of law show that the courts do acknowledge that the postal ‘rule’ is a rule of convenience ...

in that the communication has to be received for acceptance to be valid. Again, some similarity can be found between the two, si ...

When is acceptance ‘received’? On top of all the other problems with acceptance, we have further difficulties with actual receip ...

Auction sales The advertisement of an auction is not an offer to hold it, but an invitation to treat. The court stated in Harris ...

The principles of sale by auction were clearly stated by the court in Payne v Cave (1789) and the case law principles were resta ...

It pleasing that the opportunity has arisen for the court to review the existing cases concerning questions, and in Barry v Davi ...

which are known as standing offers. A tender is selected and then on each occasion when an order is placed this is an acceptance ...

Some non-standard situations Multi-partite contracts These arise where a number of people make identical agreements with one per ...

This set the scene for much of today’s dealings with vending machines. If a case involving one of these machines were to arise, ...

Although the last view was a minority view on the formation of the contract, it is the view which is probably held by most judge ...

Distance trading – contracts made when the parties are not face to face If the two parties to a contract, particularly one deali ...

Electronic trading In addition to the difficulties which dealing at a distance may cause, trading by electronic methods (most co ...

Summary Offer Definition: An expression of willingness to contract on certain terms, made with the intention that it shall becom ...