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SUPPLY OF INFORMATION - mere response to an request of information HARVEY V FACEY (1893) TB PG 67 SALES PUFF -exaggerated invitations to threat.

(made to induce contracts) LEONARD V PEPSICO INC MERE INQUIRY STEVENSON, JACQUES & CO. V MCLEAN (1880)

Contract
OFFER
- Willingness by the offeror to perform a promise Advertisements INVITATIONS TO TREAT - its only an invitation for others to make an offer PATRIDGE V CRITTENDEN (1968) TB PG66 Display of goods PHARMACEUTICAL SOCIETY V BOOTS CASH CHEMISTS (1952) TB PG 66 FISHER V BELL (1961) LAPSE OF TIME -Offer accepted AFTER specific period given = not counted RAMSGATE VICTORIA HOTEL CO V MONTEFIORE(1866) TB PG79 DEATHS FONG V CILI(1968) REJECTION & COUNTER OFFER -By writing/oral/conduct -Once communicated, extinguishes offer HYDE V WRENCH(1840) TB PG79

OFFER ACCEPTED WHEN:


AUCTIONS & TENDERS BARRY V DAVIES (2000) ^auction WARLOW V HARRISON (1879) ^auction SPENCER V HARDING (1890) ^tender HARVELA INVESTMENTS LTD V ROYAL TRUSTED OF CANADA (1986) *EXCEPTION

INSTANTANEOUS COMMUNICATION -Acceptance is complete upon received, not time of sending ENTORES LTD V MILES FAR EAST CORPORATION(1955) TB PG 72

TERMINATION OF ACCEPTANCE -Once posted, acceptance cannot be revoked. WENKHEIM V ARNDT(1873) TB PG81 NOT CONDITIONAL ACCEPTANCE -acceptance of offer is a change of proposed terms STUTTGART AUTO PTE LTD V NG SHWU YONG(2005) TB PG67

OFFER MUST BE COMMUNICATED

KNOWLEDGE OF OFFER -Must be aware of the offer before acceptance WILLIAMS V CARWARDINE1833) TB PG68 R V CLARKE(1927) TB PG 68 GIBBONS V PROCTOR(1891) TB PG 68 *EXCEPTION

ACCEPTANCE

UNILATERAL CONTRACTS -provide to world at large CARLILL V CARBOLIC SMOKE BALL CO.(1893) TB PG 64 **Cannot withdraw once offeree starts to act ABBOTT V LANCE(1860) TB PG78

MADE TO SPECIFIC OFFEREE

CROSS OFFERS -2 parties make identical offers to each other (unknowingly) -> no acceptance, no contract TINN V HOFFMANN & CO(1873) TMB PG68 WAIVER OF COMMUNICATION -Offeror waives the need for communication -i.e offers made to the world at large (unilateral offers) CARLILL V CARBOLIC SMOKE BALL(1892) TB PG64

-Receipt rule still applies for facsimile, voice-mail, email CHWEE KIN KEONG V DIGILANDMALL.COM PTE LTD(2004) TB PG73

SILENCE IS NOT ACCEPTANCE FELTHOUSE V BINDLEY(1862) TB PG70 RUMOURS IS NOT ACCEPTANCE POWELL V LEE(1908)

EXCEPTIONS TO COMMUNICATION OF ACCEPTANCE POSTAL ACCEPTANCE RULE -only when parties agree to semd acceptance by post ADAMS V LINDSELL(1818) TB PG71 LEE SENG HENG V GUARDIAN ASSURANCE CO LTD(1932) TB PG71 Offer circumstances: -when an offer made by telgram, -presumption that offeror wishes speedy reply -THEN, acceptance sent by post would not attract postal rule QUENERDUAINE V COLE(1883) TB PG71

ELEMENTS OF ACCEPTANCE
1)UNCONDITIONAL +VE RESPONSE TO THE OFFER 2)IN RELAINCE ON THE OFFER 3)UNCONDITIONAL & CLEAR MASTERS V CAMERON(1954) G SCAMMELL & NEPHEW LTD VHC AND JG OUSTON(1941) 4)Can be expressed/implied (sometimes conduct of the parties will lead to the implications that an agreement exists) EMIRINALL HOLDINGS V MACHON PAUL(1988)
PARTIES AGREE THAT SILENCE = ACCEPTANCE -both parties must agree SOUTHERN OCEAN SHIPBUILDING CO PTE LTD V DEUTSCHE BANK AG(1993) TB PG70

TERMINATION OF OFFERS

FAILURE OF CONDITION FINANCINGS LTD V STIMSON(1962) TB PG80

-Offer is replaced/substituted by a fresh offer BANQUE PARIBAS V CITIBANK NA(1989) TB PG77

WITHDRAWAL -before acceptance -must be communicated to the offeree BYRNE V VAN TIENHOVEN(1880) TB PG75 -Revocation can be via a 3rd party DICKINSON V DODDS(1876) TP PG76

-Offer can be withdrawn despite a given open period of acceptance ROUTLEDGE V GRANT(1828) TB PG77 *EXCEPTION OPTION

PAROLE EVIDENCE RULE -Written agreement overwrites oral statement ENGELIN THE PRACTIVE LLC V WEE SOON KIM ANTHONY(2004) TB PG61

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