(b)Discuss the kind of terms within the contract.- Has a condition or a warranty been breached? How do the courts
decide? - Are there any implied terms? If so, what type (statutory terms are likely
to be conditions under the Sale of Goods Act 1979 / Sale and Supply of
Goods Act 1994). - Apply this to the facts.
(c)Consider the rules of offer and acceptance, quickly, to decide which
ones you will describe and where you will suggest reform. For instance,
you could describe the postal rule. You can refer back to previous
material – do not waste time merely repeating it. - You could suggest that the postal rule may not be valid now that
communication can take a much faster (and reliable) route. This could
be said to place an unfair burden on the offeror. If you can include any
arguments by academics or judges, this would help. - Use cases to illustrate your answer (e.g. Household Fire Insurance v
Grant). - Consider the arguments for and against whatever changes you suggest.
Question 3- Very briefly explain the need for offer and acceptance in forming a
contract. - Explain what amounts to a counter offer – Hyde v Wrench – and apply
it to Bert and Aman. - Explain the need for communication of acceptance – Felthouse v
Bindley. - Explain the principles of lapse of time – Ramsgate v Montefiore – and
revocation – Byrne v Van Tienhoven, Dickinson v Dodds. Apply this to
Emma and Fred. - Consider the ‘rule’ of acceptance by post – Adams v Lindsell – and
discuss whether this applies to email. - Apply the postal rule to Harry. Consider whether it would be fair to
allow revocation of an acceptance by a faster method than the
acceptance, and whether there is any disadvantage to the offeror – Yates
v Pulleyn.
Question 4- Very briefly explain the need for offer and acceptance in forming a
contract.
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