- Lapse of time: either a specific time or a ‘reasonable time’ – Ramsgate
Hotel v Montefiore. - Death: sometimes leaves an offer impossible to complete, but in other
circumstances it may remain open for acceptance by the estate of the
deceased offeror – Bradbury v Morgan. - Revocation: the withdrawal of an offer before acceptance – Byrne v Van
Tienhoven; via a third party – Dickinson v Dodds; in unilateral contracts- Shuey v US; continuing act of acceptance – Errington v Errington.
- Failure of a precondition: non-fulfilment of an important term –
Financings Ltd v Stimson.
Acceptance
Definition of acceptance: Agreement to all the terms of an offer by words
or conduct. Sometimes difficult to identify – Brogden v Metropolitan Rail
Co, Trentham v Archital Luxfer.
Acceptance must be communicated, and this raises various issues:
- Prescribed method – Yates Building v Pulleyn.
- No prescribed method – Entores Ltd v Miles Far East Corporation.
- Waiver – Carlill v Carbolic Smoke Ball Company.
- Silence – Felthouse v Bindley, Unsolicited Goods and Services Act
1971. - Ignorance of an offer (‘reward’ cases) – Williams v Carwardine, R v
Clarke. - Acceptance via the post: when reasonable to use the post – Henthorn v
Fraser; when not overruled by the parties – Holwell v Hughes. - The postal rule – Adams v Lindsell, Household Fire Insurance v Grant,
London and Northern Bank. - Telegrams – Cowan v O’Connor.
- Telex – Entores Ltd v Miles Far East Corporation, Brinkibon Ltd v
Stahag Stahl. Offer and acceptance - More modern methods of communicating: consider whether a method is
instantaneous, via a third party and acknowledged. - Receipt of acceptance – The Brimnes.
- Recall of acceptance – comments in Yates Building v Pulleyn.
Certainty in a contract
The terms of a contract must not be vague – Guthing v Lynn, Scammell v
Ouston, Nicolene v Simmonds.
42 Contract law