Guys, after pursuing 4 CCIEs I would like to study something different. While I am still in the IT career, I am doing a bit of legal study now and I have prepared some notes myself for my examination. This is one of the table that I've made for my own revision listed out the case summaries and the related principles for Offer and Acceptance in Contract Law.
| Principle | Case Name / Definition |
| Agreement is assessed objectively | Storer v Manchester City Council, CA [1974] Lord Denning - In contracts you do not look into the actual intent in a man's mind |
| Requirement of Offer and Acceptance | Gibson v Manchester City Council, HL [1979] |
| Gibson Principle (must know) | The court will analyse the existence of agreement in terms of Offer and Acceptance unless there are "exceptional circumstances". |
| Definition of Offer (must know) | An indication of a willingness to be bound on certain terms |
| Definition of Acceptance (must know) | Final and unqualified assent to the terms of the offer |
| Famous unilateral offer case | Carlill v Carbolic Smoke Ball Co - CA [1893] |
| Unilateral offer | Only one party makes a promise. The offeree performs some act as acceptance which need not be communicated to the offeror |
| Definition of Invitation to Treat | An invitation from one party for the other party to make an offer |
| Display of Good: Bilateral Offers | Pharmaceutical Society of GB v Boots [1953] |
| Advertisment (Hen) | Partridge v Cittenden [1968] |
| Display of Goods in Shop (Knife) | Fisher v Bell [1960] |
| An offer must be ... | communicated to the offeree, no exceptions |
| An offer may be withdrawn at... | any time before Acceptance |
| Revocation by Offeror before Acceptance case (must know) | Payne v Cave |
| promise (without consideration) to keep it open for a certain time | Routledge v Grant [1828] |
| The revocation must be actually communicated to the Offeree (must know) | Byrne v Van Tienhoven |
| Offer opens for a reasonable time if no deadline set | Ramsgate Victoria Hotel v Montefoire |
| Communications of the revocation of offer can be made by reliable 3rd party | Dickson v Dodds |
| Any counter offers | cancels the original offer |
| Counter Offers case | Hyde v Wrench |
| Enquiry is not counter offer | Stevenson v McLean |
| Acceptance must be ... (must know) | actually communicated to the offeror unless it is a unilateral contract or the postal rule apply |
| General rules of Acceptance communication | Entores Ltd v Miles Far East Corp CA [1955] |
| Silence never an Acceptance | Felthouse v Bindley |
| Acceptance by Conduct | Pickfords v Celestica |
| Postal Rule (acceptance only) | Adams v Lindsell [1818] |
| If Offeror insists on a particular method, the offeree must comply | Yates v Pulleyn |
| If no instruction / recommendation, then Acceptance must be communicated by a reasonable method | Quenerduaine v Cole |
| Instantaneous communications - contract is complete when the acceptance is recevied by the offeror. No universal rule in instantaneous communication | Brinkibon HL [1983] |
| Telexed message effective when received during office hours. Effective when it could be read, rather than when it is in fact read. Mostly applied to business | The Brimnes CA [1975] |
| Email acceptance - effective on receipt, strong obiter statement | Thomas v BPE Solicitors [2010] |
| Postal acceptance - only if it is reasonable to use post | Henthorn v Fraser [1892] |
| Postal rule does not apply to offers, revocation of offers, counter-offers or recalls of acceptance | Byrne v Van Tienhoven |
| Express terms in contract, acceptance must reach the offeror, postal rule not apply | Holwell Securities v Hughes |
| Revocation of a unlateral offer | Daulia v Four Millbank Nominees |
| Mere supply of information | Harvey v Davey |
| No offer can be accepted if the offeree has notice of the offeror's death | Coulthart v Clementson |
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