Category: Contract Law

ISSUE:

Can the reply by Facey about the lowest amount of the Bumper Hall Pen(an immovable property), i.e. £900 be constituted as an offer capable of acceptance?

RULE:

The mere writing of the lowest amount one 'might' accept does not constitute an offer

ISSUE:

On whose terms and at which point was the contract formed?

RULE:

In the battle of forms, generally, the last shot wins.

A reply to an offer which implies acceptance but lays down terms and conditions materially different from that of the offer shall amount to a counteroffer. This, when duly acknowledged and accepted by the offeror becomes an acceptance to the counteroffer and shall bind both the parties to the terms specified in the counteroffer.

ISSUE:

Whether a buyer has to comply with the terms of a shrink-wrap license as they have become a part of the contract?

Can the injunction be granted?

RULE:

If a buyer is presented with additional terms on the cellophane, shrink wrap license and is offered the opportunity to reject the terms and return the good but fails to do so, he is said to have complied with the terms.

ISSUE:

Was there a contract between Clarke and Crown?

Could the claimant claim the reward, given that he had said in his interview that he was cooperating “exclusively in order to clear his name”.

RULE:

For the acceptance to be valid, it should be made in response to the offer.

One cannot accept an offer when one does not know that it exists.

ISSUE:

Whether a contract of sale had been entered into before the 8th of September when the wool was sold to a third party.

Is the defendant liable to pay the damage suffered to the plaintiff?

RULE:

The landmark case gave rise to the “MAILBOX/POSTAL RULE” which says, that an offer is accepted upon mailing of the offer.

ISSUE:

Whether the acceptance was complete in London or Amsterdam. And so, should the English law apply or Dutch law.

RULE:

The acceptance needs to be communicated before the contract is enforceable. ​

ISSUE:

Do the statutory provisions written in the ICA deal with the place of formation of a contract?

Does section 4 of the ICA cover and acknowledge telephone as a source of communication?

Can the postal rule be applied to the present case?

RULE:

Intimation of acceptance is essential.