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Given the House of Lords strict interpretation of the doctrine of offer and acce...



Law Essay Title: Given the House of Lords strict interpretation of the doctrine of offer and acceptance in Gibson v Manchester City Council [1979] l All ER 972, would The Satanita [1895] P 248 be decided in the same way today?

Notes:

To appreciate the issues, it might be helpful to look at the Court of Appeal's decision in Gibson [1978] l WLR 520 (particularly Lord Denning MR). The Satanita is a Court of Appeal decision. It was affirmed by the House of Lords in Clarke v Dunraven [1897] AC 59, although the judgement adds little to the issue the question is concerned with.

Express an opinion there

1. Gibson [1978] 1 WLE 520.
2. Gibson [1979] l All ER 972
3. The Satanita [1895] P
4. Halsbury law reports
2. All ER
3. WLR
4. Lexis Nexus
5. Westlaw.

1. Brown, I. and Chandler, A. (2005), The Law of Contract 5th Edition, Oxford, UK: Oxford University Press.
2.
Essay structure to follow the following 2 introductory paragraphs:

The question this essay seeks to address is whether or not the strict doctrine of offer and acceptance in the law of obligations (contract law), as established by the case of Gibson v Manchester City Council, would, if it were applied today in the case of The Satanita, were the case to be tried today, result in the same decision being reached. That is, post-Gibson, has the doctrine the case served to establish, been complied with?

In order that we may answer this question, it's necessary to first define what exactly is meant by the terms 'offer' and 'acceptance'. Having done so, we must identify what exactly the strict doctrine associated with these terms is that the Gibson case establishes. Finally, we must demonstrate how the material facts of the case as well as the reasoning applied in Gibson served to establish this doctrine. It is only after we have completed these tasks, that we can then turn our attention to The Satanita case and use the information thus gleaned to answer the question as put



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