Contract Cases 1

Satisfactory Essays
Part 2 – Contractual Formation
A. Offer and Acceptance
Pharmaceutical Society of Great Britain v Boots Cash Chemists
The display of goods in a shop is only an offer to treat
Australian Woollen Mills v Cth
The offer must be in exchange for the other party’s consideration (quid pro quo). If it isn’t it is more likely a gratuitous promise
Seppelt & Sons v Commissioner
The use of the word “offer” is not conclusive
Carlill v Carbolic
An offer can be made to the whole world. Unilateral offers may require communication of the acceptance after the consideration
Felthouse v Bindley
Silence is not acceptance
Empirnall Holdings v Machon
Where an offeree, with a reasonable opportunity to reject the offer of goods or services, takes the benefit of them under circumstances which indicate they were to be paid for, the tribunal of fact may hold that the offer was accepted according to its terms.
Butler Machine Tools v Ex-Cell-O
The acceptance must correspond to the offer; otherwise it is a counter offer
Bressan v Squires
Whenever postage is indicated as the delivery and it has been posted properly, acceptance is at the moment of postage.
R v Clarke
Unless the offeree completes the conditions of a (unilateral) offer in reliance (not just mere knowledge) of them there is no acceptance
Dickinson v Dodds
An offer can be revoked through rumours
Goldsbrough Mort v Quinn
A promise to hold an offer open for a time is not enforceable (as there is no consideration). BUT option contracts have consideration for the promise
Mobil Oil Australia v Lyndel
If the performance of a unilateral contract has commences the offeror can revoke it but there may (Depending on circumstances) be an implied ancillary (side) unilateral contract to not revoke it which you would be in breach of
Stevenson, Jaques & Co v McLean
Inquiry as to a method of payment is not a rejection of an offer. Rejection must be communicated as well.
Upper Hunter County District Council v Australian Chilling Freexing
You can have

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