Lieke Spruit (16030575) Contract Law Case Law
Lecture 2
Case Name Topic Principle
Pharmaceutical Society v Offer Display of goods in a shop.
Boots [1953]
The English approach: never qualifies as an offer of
a bilateral contract.
Fisher v Bell [1961] Offer Display of goods in shop windows.
Offer made by the customer, shop controls the
making of the agreement. (also, in Pharmaceutical
Society v Boots)
Partridge v Crittenden [1968] Invitation to Advertisements.
treat
‘Invitation to treat’ = an invitation to others to
make offers as part of the negotiating process.
Maltzkorn v Braquet [1969] Offer Dutch and French law consider an offer binding to
the public in the same way was if it had been made
to a particular person.
Thornton v Shoe Lane Parking Offer Ticket issued by an automatic ticket machine
[1970] (which is a standing offer and acceptance occurring
when the passenger enters the booking details),
any terms on the tickets which is dispensed will be
too late to be incorporated.
→ Terms must be known before ticket is
dispensed.
Carlill v Carbolic Smoke Ball Offer (+ Unilateral advertisement is an offer. Acceptance
Company [1893] Acceptance) was the performance so that there was no
requirement to communicate the fact that an
offeree is attempting to perform.
, Lieke Spruit (16030575) Contract Law Case Law
Gibson v Manchester City Invitation to Distinction between invitation to treat and offer.
Council [1979] treat + Response to invitation to treat does not result in a
Offer contract at that point.
Dickinson v Dodds [1876] Revocation Revocation need not be communicated by the
offeror himself. When the plaintiff learns from a
third party that the defendant no longer intends to
uphold the offer, there is an effective revocation.
This places a burden on the offeree to decide
whether the third party can be relied upon.
Routhledge v Grant [1828] Revocation In English law, the offeror is free to revoke as long
as the offeree has given or promised nothing in
exchange for the promise to keep the offer open
until a certain time.
Byrne & Co v Leon van Tien Revocation The postal rule applies to telegrams.
Hoven & Co [1880] + Postal
Rule When an acceptance is sent as a telegram, the
acceptance takes effect on the day it was sent.
The revocation needs to be communicated to take
effect, that is when it is received by the offeree. If
the acceptance is sent earlier than the revocation
is received, then the revocation is too late.
Adams v Lindsell [1818] Postal Rule The postal rule ensures that the acceptance
becomes effective at the moment of posting and
not when it is received by the offeror.
Hyde v Wrench [1840] Offer Effect of counter-offer – not acceptance and
destroys the original offer.
Lecture 2
Case Name Topic Principle
Pharmaceutical Society v Offer Display of goods in a shop.
Boots [1953]
The English approach: never qualifies as an offer of
a bilateral contract.
Fisher v Bell [1961] Offer Display of goods in shop windows.
Offer made by the customer, shop controls the
making of the agreement. (also, in Pharmaceutical
Society v Boots)
Partridge v Crittenden [1968] Invitation to Advertisements.
treat
‘Invitation to treat’ = an invitation to others to
make offers as part of the negotiating process.
Maltzkorn v Braquet [1969] Offer Dutch and French law consider an offer binding to
the public in the same way was if it had been made
to a particular person.
Thornton v Shoe Lane Parking Offer Ticket issued by an automatic ticket machine
[1970] (which is a standing offer and acceptance occurring
when the passenger enters the booking details),
any terms on the tickets which is dispensed will be
too late to be incorporated.
→ Terms must be known before ticket is
dispensed.
Carlill v Carbolic Smoke Ball Offer (+ Unilateral advertisement is an offer. Acceptance
Company [1893] Acceptance) was the performance so that there was no
requirement to communicate the fact that an
offeree is attempting to perform.
, Lieke Spruit (16030575) Contract Law Case Law
Gibson v Manchester City Invitation to Distinction between invitation to treat and offer.
Council [1979] treat + Response to invitation to treat does not result in a
Offer contract at that point.
Dickinson v Dodds [1876] Revocation Revocation need not be communicated by the
offeror himself. When the plaintiff learns from a
third party that the defendant no longer intends to
uphold the offer, there is an effective revocation.
This places a burden on the offeree to decide
whether the third party can be relied upon.
Routhledge v Grant [1828] Revocation In English law, the offeror is free to revoke as long
as the offeree has given or promised nothing in
exchange for the promise to keep the offer open
until a certain time.
Byrne & Co v Leon van Tien Revocation The postal rule applies to telegrams.
Hoven & Co [1880] + Postal
Rule When an acceptance is sent as a telegram, the
acceptance takes effect on the day it was sent.
The revocation needs to be communicated to take
effect, that is when it is received by the offeree. If
the acceptance is sent earlier than the revocation
is received, then the revocation is too late.
Adams v Lindsell [1818] Postal Rule The postal rule ensures that the acceptance
becomes effective at the moment of posting and
not when it is received by the offeror.
Hyde v Wrench [1840] Offer Effect of counter-offer – not acceptance and
destroys the original offer.
