- Explain the need for true agreement, and for communication of
acceptance – Felthouse v Bindley, and the Unsolicited Goods and
Services Act 1971. Apply this to Alex. - Explain the main provisions of the Sale of Goods Act 1979, as amended
by Sale and Supply of Goods Act 1994 and apply these to the sheepskin
coat. - Explain the principles of offer and acceptance in a shopping situation –
Fisher v Bell, etc – and apply this to Cuteclothes.
Question 5- The focus is on particular areas of offer and acceptance, so verybriefly
explain the need for a clear offer and acceptance, and the possibility of
an offer being revoked. - Regarding Logan and the auction, explain the principles of auctions
and the status of an advertisement to hold one. As it is an invitation to
treat there is no contract – Harris v Nickerson. - Regarding Logan and Manesh, explain termination and consider that
the offer to buy may have lapsed. In any case the Distance Selling
Regulations may help Logan in giving him a cooling off period. - Regarding Logan and Nigel, explain counter offers. As this cancels the
original offer Logan is unlikely to be able to insist on forming a
contract with Nigel.
Question 6- Define an offer and explain the need for this to be clear.
- Compare an offer with an invitation to treat, using cases: shop
windows, Fisher v Bell, supermarkets: Pharmaceutical Society v Boots,
advertisements: Partridge v Crittenden, auctions: Payne v Cave,
tenders: Spencer v Harding. Explain the reasoning: freedom to
contract, exhausted stocks. - Consider exceptions: Wilkie v LPTB, Carlill, Thornton, and why they arise.
- Consider non-standard situations: Clarke v Dunraven, Esso, and
whether they are reasonable. - Discuss the difficulty of identification of an offer in some situations,
such as Brogden, and whether it actually matters (comments in Gibson). - Consider the rather artificial nature of the rules in the general concept
of consensus ad idem.
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