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Dealing with problems of offer and acceptance.
Member rating: No Rating | Words: | Submitted: Mon Jun 28 2004
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Contents 1. Introduction 2 2. Contractual effect of the advertisement 2 3. Offer by telephone by Rob 3 4. Rob's reply by letter 3 5. Sale to Sunita 4 6. Bibliography 5 1. Introduction 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 Manchester City Council (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 firmly rejected by the House of Lords in Gibson v Manchester City Council (1979)3,...
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