Question 7- Think carefully about this question. You do not have time to write all
you know on offer and acceptance andcomment on it. Select areas that
really answer the question. - Very briefly explain the need for offer and acceptance in identifying the
formation of a contract. - Explain that, on the other hand, a clear acceptance is also needed to
avoid imposing an unwanted contract on someone. Discuss how this
may take place in a fair way – Yates v Pulleyn. - Silence is not enough, and this supports the principles of freedom to
contract – Felthouse v Bindley. Comment on this – the outcome may
have been harsh in this case but it supports the principles of freedom to
contract. Confirmed in the Unsolicited Good and Services Act. - Discuss acceptance by conduct – Carlill, and ignorance of an offer –
Clarke. - Discuss the postal rule – Adams v Lindsell, Holwell v Hughes. Lots to
say here. Use cases to illustrate. - Consider established alternative methods of acceptance, such as
telegrams (Cowan v O’Connor), telex (Entores, Brinkibon), and apply
these to modern methods, e.g. fax, e-mail, courier. Consider the effect
of distance and electronic trading.
Question 8- Outline very briefly the need for an offer, and its role in forming a
contract. Define offer and then explain that it must continue to the
moment of acceptance to be valid. - Consider each method of termination, explaining the straightforward
issues quickly, and spending time on the more discursive areas. For
instance, the following are not particularly contentious: refusal, death
and failure of a precondition. - Acceptance: define acceptance and very briefly explain one or two of
the more discursive points, e.g. the problems with the postal rule and
modern methods of communicating. - Counter offer and its difficulties: Hyde v Wrench, Stevenson v McLean,
Butler v Ex-Cello. - Revocation and the difficulties it presents: Byrne v Van Tienhoven,
Dickinson v Dodds, Shuey v US, Errington. - Lapse of time and its inherent vagueness: Ramsgate v Montefiore Hotel.
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