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

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  • 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

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