Acceptance Offer and Acceptance must match Rejection and counter offer Hyde v Wrench Rejection kills the offer Stevenson Jaques & Co v McClean Questioning the offer is not a rejection If the piece can't fit into the slot there should be no contract (Hyde v Wrench) ? Offer to sell for £1000, D rejected the 950 for the lowest offer, C agreed to the £1000 however D did not want to sell ? Counter offer ends the contract, Unless the offeror is prepared to do it again on the same terms that's the end of it (Stevenson Jaques & Co v McClean) ? However, it's not always easy to tell if it's a counter offer or simply information which this case set out the clear difference - Small margin of difference between an offer or a counter offer (Grant v Bragg) 1 3 5 O O O O O 2 4 6 ? At two there was an agreement ? At three there was an understanding to the contract ? At four it was decided if or if not, there was an acceptance ? At one there was an offer - At five the times up ? At six there is or is not an acceptance to the contract (University of Plymouth v European 2 offers(?) but 'acceptance' did not state basis on which made. Language Centre response to offer would be understood by the hypothetical bystander to be acceptance Midgulf Intnl v Groupe Chimiche Tunisien)
(Midgulf Intnl v Groupe Chimiche Tunisien) ? If it's an acceptance it's determined by how a hypothetical bystander would appear like (DB UK Bank Ltd v Jacobs Solicitors) ? An offer in respect to cost - There was an offer made, then there was a counter offer mad - Costs were going up; clients were starting to run out of money etc. ? And so, the C is starting to get twitchy - D made a counter offer as C rejected D's offer - Now that costs are going up C wants to accept D's offer however that counter offer killed the existing offer - The only way the C could get out is if D agreed to the terms before the counter offer Change of terms common intention of the parties Counter offer: Jones v Daniel Offer Reply had new terms Hyde v Wrench Offer £1000 Reply 1 E950 Reply 2 £1000 Must be that 2 minds agree to the contract (Jones v Daniel) ? If you want to accept you must accept with the terms of the ? offer so that both minds agree, D put a deposit in when C ? didn't want then to as they had made a counter offer (Brogden v Metropolitan Railway Co) Facts ? The claimants were the suppliers of coal to the defendant railway company. They had been dealing for some years on an informal basis with no written contract. The parties agreed that it would be wise to have a formal contract written. The