Offer and Acceptance in the Courts Essays

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Offer and Acceptance in the Courts In dealing with problems of offer and acceptance, the Courts have taken a strict approach, stating that there must be clear offer and acceptance in order to create a binding contract. As such, offers must be clear on their terms and capable of acceptance and can only be accepted on terms that mirror the offer, as established in the case of Gibson v ManchesterCityCouncil (1979) [1]. There are dicta in certain cases, notably in the judgments of Lord Denning MR, which have attempted to mitigate this harsh approach, in the case of Butler Machine Tools Co Ltd v Ex-Cell-o Corporation (England) Ltd (1979)[2]. However, as Lord Denning's approach in the Court of Appeal was…show more content…
Grainger & Son v Gough (1896)[5] . In effect, adverts would be offers to the entire world, as established in the case of Carlii v The Carbolic Smokeball Co. Ltd (1893)[6], which would lead to potentially unlimited contractual liability. It is submitted in the age of the Internet, such an interpretation is even more important. It is submitted that there is nothing in this advert to suggest that there is anything in this advert, to rebut the normal presumption that this is an invitation to treat. However, this is clearly that there was only one car for sale; there is nothing in the advert to indicate that Rob intended to be bound by the first offer he received. 3. Offer by telephone by Rob ============================ As such, Tom offered to buy the car for £4,500, an offer that was rejected by Rob. However, he made a specific offer in reply that was capable of acceptance, namely that he would accept £5,000 from Tom and that Tom should respond by Wednesday evening. This establishes that it was clearly capable of acceptance, being clear on its terms and also containing a specific time at which the offer will lapse. 4. Rob's reply by letter ======================== Rob responded by post. According to the traditional postal rule, posted acceptances are binding from the moment that they
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