p.9
Case Law: Offer and Acceptance Examples
How have criminal cases influenced contract law regarding goods in shops?
They have established the position in contract law despite being decided in a criminal context.
p.7
Legal Principles of Offer and Acceptance
What was the main issue in the case of Harvey v Facey?
Whether there was a completed contract for the property based on the telegram exchanges.
p.17
Legal Principles of Offer and Acceptance
What was the outcome of the case involving Digilandmall.com?
The plaintiff's claims were dismissed due to vitiation by mistake.
p.15
Case Law: Offer and Acceptance Examples
Which case illustrates the situation regarding tenders?
Blackpool and Fylde Aero Club Ltd v Blackpool Borough Council [1990] 3 All ER 25.
p.11
Legal Principles of Offer and Acceptance
What potential issue arises from the freedom of contract?
It can be used in a discriminatory way based on race, sex, disability, etc.
p.2
Formation of Contracts
What is necessary for a legally binding contract to exist?
There must be an agreement between two parties.
p.2
Formalities in Contract Formation
Are there exceptions to the general rule about contracts in Hong Kong?
Yes, certain types of contracts, like power of attorney and land contracts, must be in writing.
p.15
Tenders and Auctions in Contractual Agreements
What is the implication for recipients of a tender invitation?
They are not bound to reply, but the one who submits the lowest quotation can insist on the contract.
p.11
Legal Principles of Offer and Acceptance
What does the freedom of contract allow a shopkeeper to do?
To refuse to do business with a customer.
p.6
Legal Principles of Offer and Acceptance
What did the father express in his letter to the intended husband?
That his daughter would have a share of what he leaves after the death of her mother.
p.6
Legal Principles of Offer and Acceptance
What did the daughter and husband claim regarding the father's estate?
They claimed to be entitled to an equal eighth share of the father's estate based on the letter.
p.2
Legal Principles of Offer and Acceptance
What legal remedies are available?
Legal remedies usually accrue to a party who can establish that a legally binding contract existed.
p.4
Communication and Specificity of Offers
How can an offer be communicated?
By words, conduct, or a mixture of the two.
p.18
Legal Principles of Offer and Acceptance
What must a prospective buyer do in response to an invitation to treat?
Make an offer to purchase, which is then accepted by the merchant.
p.2
Formation of Contracts
What is the general rule regarding the form of contracts?
Contracts can come in any form and do not have formal requirements.
p.2
Formation of Contracts
What complicates the identification of a legally binding agreement?
Identifying a 'meeting of the minds' can be easier said than done.
What is the general rule regarding the revocation of an offer?
An offer can be revoked at any point before it is accepted.
p.13
Role of Advertisements in Contract Law
What is the most famous case of an advertisement constituting an offer?
Carlill v Carbolic Smoke Ball Co [1893] 1 QB 256.
p.7
Legal Principles of Offer and Acceptance
What principle did the case establish regarding silence in contract acceptance?
Silence is not sufficient to accept an offer.
p.13
Role of Advertisements in Contract Law
What did the defendant say about the advertisement's distribution?
The defendant claimed it was widely distributed and not an offer to anyone in particular.
p.10
Invitation to Treat vs. Offer
What was the main issue in Pharmaceutical Society of GB v Boots Cash Chemists?
Whether the sale was complete when a customer took an article from the shelves or at the cash desk.
p.3
Legal Principles of Offer and Acceptance
What must an offer consist of according to Cheshire, Fifoot, and Furmston?
A definite promise to be bound provided that certain specified terms are accepted.
p.18
Role of Advertisements in Contract Law
How does website advertisement compare to traditional forms of advertisement?
It is no different in principle from billboards or newspaper ads, but has a much wider reach and potential responses.
p.11
Legal Principles of Offer and Acceptance
What principle is the approach of freedom of contract based on?
The principle that a person can choose with whom to contract.
p.8
Legal Principles of Offer and Acceptance
What must be clear for a statement to be considered an offer?
It must indicate an intention to be bound.
p.16
Case Law: Offer and Acceptance Examples
What was the outcome of Barry v Heathcote Ball & Co (2001)?
The plaintiff succeeded, as the court followed the reasoning of Warlow, confirming that an auctioneer conducting a sale without reserve makes a binding promise to sell to the highest bidder.
p.5
Types of Offers: Bilateral and Unilateral
How does a unilateral contract differ from a bilateral contract?
In a unilateral contract, the offeror is obliged to perform only if the offeree completes the requested act; the offeree has no obligation to perform.
p.14
Invitation to Treat vs. Offer
What is a tender in a business context?
A tender is an invitation for suppliers or service providers to submit proposals or bids for a project or contract.
p.13
Legal Principles of Offer and Acceptance
How did Carlill accept the offer?
Carlill accepted the offer by her conduct when she used the smoke ball as instructed.
p.9
Invitation to Treat vs. Offer
What complicates the legal interpretation of goods in self-service displays?
The difficulty arises from whether these displays constitute 'offers' in law.
p.2
Formation of Contracts
Can contracts be verbal or made with a handshake?
Yes, contracts can be verbal or made with a handshake and do not need to be in writing.
p.2
Formalities in Contract Formation
What ordinances govern the requirement for written contracts in Hong Kong?
Power of Attorney Ordinance (Cap 31) and Conveyance and Property Ordinance (Cap 219).
p.5
Legal Principles of Offer and Acceptance
What does the phrase 'This order is given on the understanding that the balance price can be had on hire-purchase terms over a period of two years' imply about the contract?
It is too vague and requires further agreement for a complete consensus ad idem, meaning there is no contract and therefore no breach.
p.13
Role of Advertisements in Contract Law
What was the claim made by Carlill in the case?
Carlill claimed £100 after catching influenza.
p.7
Types of Offers: Bilateral and Unilateral
What did the court conclude about Facey's telegram?
It could only be treated as an unconditional offer to sell at the price named, not as a binding contract.
p.18
Communication and Specificity of Offers
What determines whether an advertisement is an invitation to treat or a unilateral contract?
The language used and the intention behind it, as objectively ascertained.
p.16
Case Law: Offer and Acceptance Examples
What principle was confirmed in Barry v Heathcote Ball & Co regarding auctioneers?
An auctioneer who conducts a sale without reserve is making a binding promise to sell to the highest bidder.
p.4
Types of Offers: Bilateral and Unilateral
What does 'capable of being fixed' mean in the context of an offer?
Terms that can become fixed at a later date, such as a share price on a specific day.
What was held regarding the withdrawal of the offer in the case discussed?
The withdrawal of the offer was ineffective as a contract was constructed when the plaintiff accepted the offer on October 11.
p.17
Case Law: Offer and Acceptance Examples
What was the outcome of the case Harris v Nickerson (1872)?
The court held that the advertisement did not create a contract to sell the items mentioned.
p.3
Communication and Specificity of Offers
What does specificity in an offer refer to?
An offer must have definite terms; a general statement of intention or mere price quotation does not constitute an offer.
p.19
Case Law: Offer and Acceptance Examples
What was the outcome of the case Routledge v Grant?
The court held that the original letter did not bind the defendant to keep the offer open for six weeks, allowing for valid revocation.
p.4
Types of Offers: Bilateral and Unilateral
What complexities arise in modern transactions regarding offers?
Supermarket sales, advertisements, internet sales, and complex commercial negotiations.
p.11
Legal Principles of Offer and Acceptance
What does freedom in contract law mean for shopkeepers regarding displayed prices?
They are not bound by any price attached to displayed goods.
What was the issue in the case of Byrne v van Tienhoven?
The issue was whether the withdrawal of the offer was valid given the timing of the acceptance.
p.10
Invitation to Treat vs. Offer
What did the Court of Appeal hold regarding the display of goods in Boots?
The display was an invitation to treat (ITT), and the sale was made at the cash desk when the customer made an offer to buy.
p.14
Invitation to Treat vs. Offer
What was the ruling in Spencer v. Harding regarding tenders?
It established that a request for tender does not constitute an offer to enter into a contract.
p.17
Legal Principles of Offer and Acceptance
What did Blackburn J state about the implications of treating an advertisement as an offer?
He stated it would be excessively inconvenient and a startling proposition to hold advertisers responsible for expenses incurred by attendees.
p.15
Tenders and Auctions in Contractual Agreements
What happens if a tender indicates that the highest bid will be accepted?
It is regarded as an offer in a unilateral contract.
Does a promise to keep an offer open for a specified time bind the offeror?
No, as established in Routledge v Grant (1828), the offeror can still revoke the offer before acceptance.
p.15
Tenders and Auctions in Contractual Agreements
Who are the parties involved in an auction sale?
The bidder and the owner of the goods; the auctioneer is not a party to the contract.
p.13
Role of Advertisements in Contract Law
What was the court's holding in the case?
There was a legally enforceable agreement.
p.15
Legal Principles of Offer and Acceptance
Can a bidder withdraw their bid during an auction?
Yes, a bidder may withdraw their bid before the hammer falls.
p.11
Role of Advertisements in Contract Law
What does the first advertisement offer?
$1000 reward for the return of a missing dog.
p.10
Invitation to Treat vs. Offer
What was the legal significance of the display in Fisher v Bell?
The display was considered an invitation to treat, not an offer for sale.
p.12
Case Law: Offer and Acceptance Examples
What was the key issue in Lefkowitz v Great Minneapolis Surplus Stores?
Whether the advertisement constituted an offer or not.
What principle did Lindley J state regarding the withdrawal of an offer?
There is no legal principle that allows a withdrawal to be communicated merely by posting a letter without evidence of authority.
p.17
Invitation to Treat vs. Offer
What is the general rule regarding advertisements in auctions?
An advertisement is considered an Invitation to Treat (ITT), meaning individuals cannot bring an action against the auctioneer if an item is not auctioned.
p.3
Communication and Specificity of Offers
What must happen for an offer to be accepted?
The offer must be communicated to the offeree.
p.8
Legal Principles of Offer and Acceptance
What is the aim of looking for 'offer and acceptance' in contract law?
To decide whether an agreement is reached.
p.7
Legal Principles of Offer and Acceptance
What was the court's ruling regarding the final telegram from Harvey?
It was not an acceptance of an offer to sell, but rather an offer to buy that required acceptance from Facey.
p.19
Communication and Specificity of Offers
What is required for the revocation of an offer to be effective?
The revocation must be communicated to the offeree.
p.11
Legal Principles of Offer and Acceptance
What is an example of misleading selling in contract law?
A shopkeeper claiming a displayed price was a mistake.
p.8
Invitation to Treat vs. Offer
Why is the distinction between an offer and an invitation to treat important?
Because it affects whether a legally binding contract has been formed.
p.4
Legal Principles of Offer and Acceptance
What was the outcome of Scammell v Ouston regarding vague offers?
The court held that the hire-purchase terms were too vague, resulting in no enforceable contract.
p.12
Case Law: Offer and Acceptance Examples
What was the general rule established in Partridge v Crittenden?
The advertisement was considered an ITT, not an offer.
p.12
Legal Principles of Offer and Acceptance
According to Murphy J, what constitutes an offer in advertising?
An offer is clear, definite, and explicit, leaving nothing open for negotiation.
Who can communicate the revocation of an offer?
The communication of revocation need not come directly from the offeror; it can be communicated through other means as long as the offeree is aware.
p.3
Legal Principles of Offer and Acceptance
How is an offer defined according to Treitel?
An expression of willingness to contract on certain terms with the intention that it shall become binding upon acceptance.
p.17
Invitation to Treat vs. Offer
How do online sales operate in relation to advertisements?
They are considered an ITT, allowing customers to choose items before committing to purchase.
p.18
Role of Advertisements in Contract Law
What is the primary function of placing an advertisement on the Internet?
To advertise or hold out to the world at large, allowing viewers from anywhere to enter into a contract.
p.16
Case Law: Offer and Acceptance Examples
What was the court's view regarding the auctioneer's role in Warlow v Harrison?
The court expressed that a collateral contract exists between the auctioneer and the highest bona fide bidder when items are auctioned without reserve.
p.5
Legal Principles of Offer and Acceptance
What is a key requirement for an offer in contract law?
An offer must not be too vague; it requires certainty of terms.
p.8
Invitation to Treat vs. Offer
What is an example of an invitation to treat?
Inquiring if someone is interested in buying an item, like a guitar.
p.4
Case Law: Offer and Acceptance Examples
What is the significance of the case Storer v Manchester City Council?
It illustrates the principles governing offer and acceptance in contract formation.
p.5
Types of Offers: Bilateral and Unilateral
Provide an example of a unilateral contract.
A promises to pay £100 if someone finds a lost item; B is not obliged to find it.
p.14
Invitation to Treat vs. Offer
Who commonly uses tenders?
Public sector organizations, government agencies, and large corporations.
p.12
Case Law: Offer and Acceptance Examples
What did the court decide in Lefkowitz v Great Minneapolis Surplus Stores?
The advertisement constituted an offer, and the plaintiff was entitled to the coat.
p.9
Invitation to Treat vs. Offer
What is the legal status of goods displayed in shops?
They are generally considered invitations to treat, not offers.
p.6
Legal Principles of Offer and Acceptance
What was the outcome of the case regarding the letter?
The Privy Council held that the letter was not a contract but a mere expression of intentions.
p.17
Case Law: Offer and Acceptance Examples
What was the mistake case involving Digilandmall.com Pte Ltd?
The website mistakenly advertised laser printers at $66 instead of the actual price of $3,854, leading to a dispute when orders were processed.
p.7
Legal Principles of Offer and Acceptance
What did Harvey's final telegram indicate?
An agreement to buy BHP for £900 and a request for the title deed.
p.18
Invitation to Treat vs. Offer
What is the common law's view on the display of goods for sale?
It is considered an invitation to treat, not an offer.
p.15
Invitation to Treat vs. Offer
What do displayed goods for auction typically represent?
An invitation to treat (ITT).
p.7
Invitation to Treat vs. Offer
What was the significance of the phrase 'lowest price' in Facey's response?
It indicated a willingness to sell at that price but did not constitute an acceptance of an offer.
p.13
Legal Principles of Offer and Acceptance
What did the court say about the clarity of offers?
Offers must be sufficiently clear to allow courts to enforce agreements that follow from them.
p.15
Legal Principles of Offer and Acceptance
Can the auctioneer withdraw the goods before the hammer falls?
Yes, the auctioneer may withdraw the goods on behalf of the seller before that point.
p.14
Invitation to Treat vs. Offer
Is it usual for advertisements for tenders to state that the contract will go to the lowest bidder?
No, it is not usual, and contracts are not always awarded to the lowest bidder.
p.6
Legal Principles of Offer and Acceptance
What was the main issue in the case of Re Fickus [1900] 1 Ch 331?
Distinguishing an offer from a mere statement of intention.
p.3
Legal Principles of Offer and Acceptance
What is required for an offer to be binding according to Air Transworld Ltd v Bombardier Inc?
It must be an expression of willingness to contract on specified terms with the intention to become binding upon acceptance.
p.4
Legal Principles of Offer and Acceptance
What is an offer in contract law?
A promise to be bound on particular terms on which the offeror is willing to enter contractual relations with the offeree.
p.18
Role of Advertisements in Contract Law
What does the Internet integrate into a single screen?
Traditional advertising, catalogues, shop displays/windows, and physical shopping.
p.4
Legal Principles of Offer and Acceptance
What is a basic example of an offer?
"I offer you my car for £5000."
p.5
Types of Offers: Bilateral and Unilateral
What characterizes a bilateral contract?
Each party is bound to provide something to the other, involving an exchange of promises.
p.8
Invitation to Treat vs. Offer
Why might preliminary communications not be considered an offer?
They may simply be attempts to gauge interest rather than create a binding agreement.
p.4
Types of Offers: Bilateral and Unilateral
What is an example of a fixed offer?
"I will sell you 100 packets of paper for £4,00."
p.5
Case Law: Offer and Acceptance Examples
What case illustrates the difficulty in distinguishing between unilateral and bilateral contracts?
Luxor, Ltd. v. Cooper [1941] AC 108.
p.14
Invitation to Treat vs. Offer
What does a request for tender generally amount to?
It generally amounts to an Invitation to Treat (ITT), allowing the issuer to accept or reject any responses.
p.12
Case Law: Offer and Acceptance Examples
What was the outcome of the Partridge v Crittenden case regarding the advertisement of bramblefinches?
The court held that the advertisement was an ITT, and no offence was committed.
p.9
Legal Principles of Offer and Acceptance
What statutory words are often involved in criminal cases related to goods in shops?
'Sale' or 'offer for sale'.
p.7
Invitation to Treat vs. Offer
What did Harvey ask Facey in the first telegram?
If Facey was willing to sell the property Bumper Hall Pen and for the lowest cash price.
p.16
Case Law: Offer and Acceptance Examples
What was the main issue in Warlow v Harrison (1859)?
The plaintiff claimed the horse belonged to him as the highest bona fide bidder at an unreserved auction, despite the owner being allowed to bid.
p.5
Legal Principles of Offer and Acceptance
What are the two fatal alternatives regarding the alleged contract mentioned by Lord Russell?
1) The term is uncertain and prevents an enforceable contract, or 2) it leaves essential provisions for further negotiation, leading to the same result.
p.8
Invitation to Treat vs. Offer
How do courts distinguish between an offer and an invitation to treat?
By assessing the objective intention behind the statement or action.
p.14
Legal Principles of Offer and Acceptance
What did Lindley LJ state about offers and acceptance?
He stated that the person who makes the offer does not expect notice of acceptance apart from notice of performance.
What risk do Internet merchants face with loose language in advertisements?
They may inadvertently establish contractual liability to a wider range of purchasers than they can accommodate.
p.10
Invitation to Treat vs. Offer
What was the outcome of Fisher v Bell regarding the flick-knife display?
The court held that the display invited customers to make an offer to buy, not an offer for sale.
p.10
Legal Principles of Offer and Acceptance
What did Lord Parker state about statutes in relation to general law?
Any statute must be looked at in light of the general law of the country.
p.6
Legal Principles of Offer and Acceptance
What did Cozens-Hardy J state about mere representations?
A mere representation of future intentions is not sufficient for specific performance or damages without a contract.
How did Facey respond to Harvey's inquiry?
By stating the lowest price for BHP was £900.
p.8
Legal Principles of Offer and Acceptance
What happens when a statement is categorized as an 'offer'?
The party making the offer can become legally bound if the other party accepts.
p.16
Types of Offers: Bilateral and Unilateral
What does 'auction without reserve' mean?
It means the sale item will be sold to the highest bidder regardless of the price.
p.18
Types of Offers: Bilateral and Unilateral
What can merchants do through advertisements regarding contracts?
They can offer the mechanics of a unilateral or bilateral contract.
p.19
Case Law: Offer and Acceptance Examples
In Byrne v van Tienhoven, when did the defendant withdraw the offer?
The defendant sent a letter to withdraw the offer on October 8, 1879.
p.14
Types of Offers: Bilateral and Unilateral
What is the legal significance of advertisements offering rewards according to Lindley LJ?
Such advertisements are considered offers to pay for performance of the conditions stated, with performance acting as acceptance.
p.13
Legal Principles of Offer and Acceptance
Can offers be made to the world at large according to the case?
Yes, offers can be made to the world at large and accepted by anyone who meets the conditions.
p.11
Role of Advertisements in Contract Law
What is a common feature of both advertisements?
They provide contact information for inquiries.
p.12
Invitation to Treat vs. Offer
Can an advertisement with clearly identified goods and a specified price still be considered an offer?
No, it may still not be an offer depending on context and wording.
What was the significance of the case Dickinson v Dodds (1876)?
The plaintiff was aware that Dodds no longer intended to sell the property, which constituted a revocation of the offer.
p.13
Role of Advertisements in Contract Law
What argument did the defendant make regarding the advertisement?
The defendant argued that the advert was not an offer but a 'mere puff'.
p.4
Legal Principles of Offer and Acceptance
What do courts look for in determining an offer?
Behavior that indicates a willingness to contract on particular terms.
p.5
Types of Offers: Bilateral and Unilateral
Provide an example of a bilateral contract.
A promises to give B £20k in exchange for the title to B’s boat.
What happens if the offeree pays for the time allowance to keep the offer open?
The offer will be upheld if consideration is given.
p.10
Legal Principles of Offer and Acceptance
What was the impact of the Restriction of Offensive Weapons Act 1961?
It amended the previous act to clarify the legal standing of displaying items for sale.
p.19
Case Law: Offer and Acceptance Examples
What case illustrates the need for communication in revocation?
Byrne v van Tienhoven (1880) demonstrates that revocation must be communicated to be valid.
p.16
Case Law: Offer and Acceptance Examples
What damages was the plaintiff awarded in Barry v Heathcote Ball & Co?
The plaintiff was awarded £27,600 in damages.
p.11
Role of Advertisements in Contract Law
What is the purpose of advertisements in contract law?
To make offers or invitations to treat.
p.8
Case Law: Offer and Acceptance Examples
What case illustrates the distinction between an offer and an invitation to treat?
Gibson v Manchester City Council [1979].
p.13
Legal Principles of Offer and Acceptance
Was Carlill required to notify the company of her acceptance?
No, she was not required to let the company know that she was using it.
p.14
Invitation to Treat vs. Offer
What did Willes J. question regarding advertisements for tenders?
He questioned whether the circular constituted an offer or merely indicated readiness to receive offers.
p.10
Case Law: Offer and Acceptance Examples
What approach did the case Mella v Monahan follow?
It adopted a similar approach to the Boots case regarding the display of items.
Can an offer be withdrawn by simply posting a secondary letter?
No, an offer cannot be withdrawn by posting a secondary letter that arrives after the first letter has been accepted.
p.16
Case Law: Offer and Acceptance Examples
What did the auctioneer do in Barry v Heathcote Ball & Co that led to the breach of contract claim?
The auctioneer refused to accept the plaintiff's bid and withdrew the machines from sale, selling them privately instead.
p.14
Legal Principles of Offer and Acceptance
How did Bowen LJ illustrate the concept of acceptance in his example?
He used the example of advertising a lost dog, explaining that finding the dog constitutes acceptance without needing to notify the offeror.
p.13
Role of Advertisements in Contract Law
How did the court view the £1,000 deposit mentioned in the advertisement?
It indicated good faith and could not be considered a 'mere puff'.
p.10
Legal Principles of Offer and Acceptance
What does s 18(1) of the Pharmacy and Poisons Act 1933 state?
It is an offence to sell certain medicines unless the sale is supervised by a registered pharmacist.
p.12
Role of Advertisements in Contract Law
What is generally regarded as an invitation to treat (ITT) in advertising?
An advertisement on a hoarding, in a newspaper, or magazine.
p.12
Invitation to Treat vs. Offer
How might the wording of an advertisement change its classification from ITT to an offer?
If it specifies conditions like 'the first 10 replies enclosing 25s will secure a bird', it may be construed as an offer.
What does the case Adams v Lindsell (1818) illustrate about revocation?
The postal rule does not apply to revocations of offers.
p.10
Invitation to Treat vs. Offer
How did Lord Parker describe the display of an article with a price in a shop window?
As merely an invitation to treat, not an offer for sale.
p.12
Legal Principles of Offer and Acceptance
What factors determine whether a newspaper advertisement is an offer or an ITT?
The legal intention of the parties and the surrounding circumstances.
What is the purpose of introducing students to the legal principles of offer, invitation to treat, and acceptance?
To familiarize them with the concepts related to the formation of contracts.
What is acceptance in the context of contract formation?
It is the unqualified agreement to the terms of an offer, creating a binding contract.
What is an offer in the context of contract formation?
It is a proposal made by one party to another, indicating a willingness to enter into a contract.
