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  • acceptance accounts for 14 out of 812 casebriefs.

Style of causeRatio

Adams v. Lindsell, [1818] EWHC KB J59.

Postal Rule: Contract is made when mail is sent, not received.

Blair v Western Mutual Benefit Association, [1972] 4 WWR 284.

(1) A party must intend to make an offer for it to be an offer capable of acceptance, and it must be communicated to the party to whom it is directed in order to prove that the offeror intended to be legally bound.

(2) It makes no difference if the offeree knows about the offer by another means – it must be deliberately communicated to them by the offeror.

Canadian Dyers Association Ltd. v Burton (1920), 47 OLR 259 (HL)

A mere statement of price does not constitute an offer to sell; it is no more than an invitation to treat. However, courts will consider the language used and context, in addition to subsequent actions of both parties when determining whether an offer was made.

Carr v Canadian Northern Railway Co. (1907)

Action can be constituted as acceptance with the proper conditions.

Charlebois v. Baril, [1928] S.C.R. 88

Using the post to accept a hand-delivered offer is not proper acceptance as postal acceptance cannot be implied by the nature of the transaction and conduct of the parties

Cooke v Oxley, 1790.

There is no 'continuing offer' unless supported by consideration.

Crown v. Clarke, (1927) 40 CLR 227.

The intention of the offeree to consistently/unwaveringly desire a reward is necessary to be sufficiently 'aware' of the reward when giving the information to meet the condition of the reward. If the purpose of giving the information is for a purpose or goal that is not specifically to accept the reward, no contract is made and the reward cannot be claimed.

Dickinson v. Dodds, Court of Appeal, Chancery Division, 1876 (1876), 2 Ch. Div. 463

(1) An offer (unilateral or bilateral) can be revoked anytime before acceptance.

(2) An Offeror cannot revoke a unilateral contract after the Offeree has commenced performance or before the offeree completes performance.

(3) The acceptance was insufficiently valid to establish a contract between the parties.

Dominion Building Corp Ltd vThe King [1933] AC 533

No, it may be waived in the offer by specifying another means of acceptance.

Felthouse v Bindley (1862) EWHC CP J 35.

No, while there's a third party involved, the agreement of both parties is insufficient, an unequivocal action is required.

Holwell Securities Ltd. v Hughes, [1974] 1 WLR 155, [1974] 1 All ER 161

The postal rule does not apply in situations where a notification of acceptance has been specified.

Petterson v Pattberg, (1928) 22 Ill.248 N.Y. 86, 161 N.E. 428.

Defendant’s letter constituted an offer to enter into a unilateral contract.

An offer to enter into a unilateral contract may be revoked at any time prior to acceptance.

Saint John Tug Boat Co. Ltd. v Irving Refining Ltd., [1964] SCR 614, 49 MPR 284, 46 DLR (2d) 1

Silence can constitute acceptance when combined with conduct.

If a party allows another party to work for them under such circumstances that no reasonable person would suppose that the work was being done for nothing, then the first party will be liable to pay for it - the doing of the work is the offer; the permission to do it, or the acquiescence in its being done, is the acceptance.

Williams v. Carwardine, [1833] EWHC KB J44.

There can be a contract with any person who performed the necessary condition(s) in a advertisement.

All that was necessary to fulfill the contract was that she knew of the reward before giving the information (even if her only motive to give the information was for the reward).