Term
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Definition
The display of goods in a shop window amounts to an invitation to treat. |
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Term
Entores v Miles Far East Corporation (1955) |
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Definition
Where a contract is made by instantaneous communication, the contract is compete only when acceptance is received. |
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Term
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Definition
When an offer is accepted by letter or telegram, the contract is complete when it is sent. |
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Term
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Definition
A counter offer revokes the original offer |
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Term
Dickinson v. Dodds (1876) |
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Definition
An offer can be revoked at any time before acceptance, even by a reliable third party |
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Term
Byrne v. Van Tienhoven & Co. (1880) |
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Definition
Revocation is only effective when received regardless of the method of communication |
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Term
Brinkibon Ltd v Stahag Stahl (1983) |
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Definition
When considering whether acceptance is effective, court will be guided by the intentions of the parties, business practice and determining where the risks should lie. |
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Term
Butler Machine Tool Co. Ltd v. Ex-Cell-O Corporation Ltd. (1979) |
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Definition
In cases where both parties seek to use a standard form contract, generally the last counter-offer submitted will win. |
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