ABSTRACT

Offer and acceptance: An offer must be distinguished from an invitation to treat which is an invitation to the other party to make an offer to buy Fisher v Bell

An offer must be communicated but can be made to the whole world or to an individual Carlill v The Carbolic Smoke Ball Co. Ltd

An offer can be withdrawn any time up to acceptance and this can be through a reliable third party Dickinson v Dodds

In unilateral offers acceptance is done through performance and the offer cannot be withdrawn while performance is under way Errington v Errington & Woods

Acceptance must be unconditional and a counter offer means the offer is no longer open to accept Hyde v Wrench

Silence can never be acceptance Felthouse v Bindley

Where the use of the postal system is the normal anticipated mode of acceptance the acceptance occurs when the letter is posted, not when it is received Adams v Lindsell

Modern communication methods present other problems Entores Ltd v Miles Far East Corporation

Consideration: Consideration is the price for which the promise of the other is bought Dunlop Pneumatic Tyre Co. v Selfridge & Co.