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By Stefan Fafinski; Emily Finch

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Therefore, if a response is made to an offer which does not attempt to vary the terms of the offer it is not a counter offer, since it does not reject the terms of the offer. It is therefore still open to acceptance by the offeree. EXAM TIP Once you have identified an offer in the facts of a problem question, look out for any communications from the offeree and analyse these to determine whether they amount to a request for information (which allows the original offer to stand) or whether they amount to a counter offer (which destroys the original offer and takes its place).

Go to the Companion Website to try out other questions. Answer guidelines See the problem question at the start of the chapter. Points to remember when answering this question: ❚ This question is concerned with contract formation. It will depend on the exact timing of communication of revocation and acceptance. 4 overleaf. Then analyse each event in turn in terms of offer, acceptance and revocation. ❚ The advertisement is likely to be construed as an invitation to treat (Partridge v. Crittenden) – that is an expression of willingness to accept offers – rather than as a unilateral offer (Carlill ).

Chappell & Co. Ltd v. Nestlé Co. Ltd [1960] AC 87 Concerning: sufficiency and adequacy of consideration Facts Nestlé were offering a record (the copyright of which was owned by Chappell) for sale at 1s. 6d plus three wrappers from their chocolate bars. The record normally sold at 6s. 8d. Permission to use the copyright was not obtained. Chappell sued to prevent the promotion since they would receive a much lower royalty from it. Legal principle The wrappers were held to be part of the consideration, even though they were thrown away when received.

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