CONTRACT?

Is there an AGREEMENT between the parties?

Yes

No

Offer by A?

Yes

No

No agreement, no contract

Voluntary communication from A to B of offer for consideration?

Yes

No

Consideration by B?

Yes

No

Invitation to deal/treat/tender from A to B?

Yes

No

Bait advertising?

Yes

No

No offer by A

Voluntary acceptance by B?

Yes

No

No consideration, no agreement

Pharmaceutical Society v Boots [1953] UK

AGC Ltd v McWhirter (1977) NSWSC

B&F Aero Club [1990] All ER 25

Request for information?

Offer by B to A?

Yes

No

No agreement

No offer by A

Offer by A

Rejection?

Yes

No

Revocation of offer by A before B's acceptance?

Yes

No

Counter-offer from B to A?

Yes

No

No acceptance, no agreement

Consideration by A?

Yes

No

No agreement

Offer terminated, no agreement

Failure to accept on time?

Yes

No

Dickinson v Dodds (1876) UK

Offer terminated, no agreement

Conditional precedent?

Yes

No

Request for further information?

Yes

No

Original offer TERMINATED

No acceptance, no agreement

Voluntary acceptance by A?

Yes

No

No agreement

Time specified by A?

Yes

No

Offer terminated, no agreement

Acceptance by B after death of A?

Yes

No

Subject to finance

Conditional precedent fulfilled?

Yes

No

Conditional subsequent?

Yes

No

NOt a counter-offer from B to A

Counter-offer from B to A

Counter-offer accepted by A?

Yes

No

Termination of offer by B before A's acceptance?

Yes

No

No agreement

Failure by B to accept by specified time?

Yes

No

Offer accepted by B within a reasonable time?

Yes

No

Is it clear from the terms or the nature of the offer that performance was to be by the offeror alone OR that only the offeror himself (and not his estate) was to benefit from the proposed contract?

Yes

No

Acceptance by B's estate after death of B?

Yes

No

Meehan v Jones (1992) HCA

AGREEMENT between A and B

Terms that the conditional precedent does not relate to?

Yes

No

Conditional subsequent fulfilled?

Yes

No

AGREEMENT between B and A

No acceptance, no agreement

No agreement

AGREEMENT between B and A

FAILURE TO ACCEPT ON TIME

No failure to accept on time

No failure to accept on time

FAILURE TO ACCEPT ON TIME

Carter v Hype [1923] CLR 115, 121

Do the terms of the offer preclude acceptance after the death of the offeror?

Yes

No

Offer terminated, no acceptance by B after A's death

Acceptance by B after A's death may be possible

Is it clear from the terms or the nature of the offer that performance was to be by the offeree alone OR that only the offeree himself (and not his estate) was to benefit from the proposed contract?

Yes

No

VOLUNTARY ACCEPTANCE by B's estate

Failure of a condition?

Yes

No

There may be agreement with respect to terms that the conditional precedent does not relate to

No agreement

AGREEMENT between A and B

Contractual obligations ended

Offer terminated, no acceptance by B after A's death

Do the terms of the offer contemplate that the contract could be performed by the offeror's estate?

Yes

No

Carter v Hype [1923] CLR 115, 121

Do the terms of the offer preclude acceptance after the death of the offeror?

Yes

No

Offer terminated, no acceptance by B after A's death

Acceptance by B's estate after A's death may be possible

Offer terminated, no agreement

Statement made voluntarily by B?

Yes

No

Acceptance by B after A's death stands

Was the offer accompanied by an option not to revoke for a period of time that had not yet elapsed?

Yes

No

Offer terminated, no acceptance by B after A's death

Do the terms of the offer contemplate that the contract could be performed by the offeror's estate?

Yes

No

Unequivocal statement of agreement to the offer?

Yes

No

Unilateral contract?

Yes

No

Acceptance by B after A's death stands

No acceptance of A's offer by B after A's death

Acceptance by B after A's death stands

Was the offer accompanied by an option not to revoke for a period of time that had not yet elapsed?

Yes

No

Statement made by offeree?

Yes

No

No acceptance by B

Performance by B of act stipulated in the offer?

Yes

No

No acceptance by B

Acceptance by B after A's death stands

No acceptance of A's offer by B's estate

Statement in response to the offer?

Yes

No

No acceptance by B

VOLUNTARY ACCEPTANCE by B

No acceptance by B

Form of acceptance stipulated by the offeror?

Yes

No

No acceptance by B

Statement in stipulated form?

Yes

No

VOLUNTARY ACCEPTANCE by B

Correspondence between offer and statement in response to the offer?

Yes

No

Stipulated form of acceptance mandatory

Yes

No

Communication of Acceptance received by offeror?

Yes

No

No acceptance, COUNTER-OFFER by B

No acceptance by B

Stipulated form of acceptance merely suggested

VOLUNTARY ACCEPTANCE by B

Waiver?

Yes

No

VOLUNTARY ACCEPTANCE by B

VOLUNTARY ACCEPTANCE by B

Estoppel

Yes

No

VOLUNTARY ACCEPTANCE by B

Postal Rule?

Yes

No

VOLUNTARY ACCEPTANCE by B

No acceptance by B