3 Offer/ ITT Flashcards
what is the person making the offer called?
offeror
what is the name for the person to whom the offer is made?
offeree
what is an offer?
starting point for a contract - part of negotiations
what stage is the ITT part of?
preliminary to negotiations
list 5 examples of an ITT
- advertisement in newspaper/ magazine
- shop window
- self-service shop
- auctions
- request for information
what case states that an advert in newspaper/ magazine is not an offer but an ITT?
partridge v critteden
what case states that the same conclusion as in partridge v critteden was reached in respect to goods in a shop window?
fisher v bell
why is it that goods in a self service shop are an ITT and not an offer + case
age restrictions e.g. alcohol - logical to be an ITT as shopkeeper decides whether or not to sell - Pharmaceutical Society of Great Britain v Boots
what case states that an auctioneer makes ITT + bidders make offers - explain case
Harris v Nickerson - item sold ‘without reserve’ - unilateral offer + sold to highest bidder
why is a request for info. not an offer?
it’s just a general enquiry
who can offers be made by?
anyone
list 2 examples of offers
- vending machines
- giving info. with uncertain terms
What does Thornton v Shoe lane parking say regarding vending machines?
when a person buys something from a vending machine, offer made by owner of vending machine. buyer accepts offer + makes contract come into existence
which case states that just giving info. does not amount to an offer?
Harvey v Facey
What case states that sometimes there can be a statement of price where an offer is also intended?
Biggs v Boyd Gibbins
What is the PoL for Gibson v Manchester City Council
a statement isn’t an offer if you show uncertainty with words used as to whether there is a willingness to make a contract
how must an offer be communicated
must be clearly communicated because it cannot be accepted unless person seeking to accept it knows of its existence
what type of offer is an offer to the public at large
unilateral offer
what case demonstrates that an offer can be accepted as long as it is communicated to individual claiming to have accepted it
Carill v Carbolic Smoke Ball Co.
what 6 ways can an offer be ended?
- lapse of time
- revocation
- rejection
- counter-offer
- death of offeror
- death of offeree
when is the only time an offer can be accepted?
whilst it’s open
why does lapse of time end an offer?
some offers made for fixed time period - end of period = offer lapses + comes to an end
do most offers have a fixed time limit? (explain reasonable)
no - so come to end after a reasonable time limit. ‘reasonable’ –> depend on circumstances e.g. short period for perishable goods (cake) + long period for something large and complex (ship)
what case was the idea of a reasonable time shown in?
Ramsgate Victoria Hotel
when can offeror revoke an offer?, but what must they do?
anytime before it is accepted, but this must be communicated to offeree
what case states that revocation of an offer can even occur during any period when the offer is said to be open?
Routledge v Grant
what case states that revocation can occur via a reliable third party?
Dickinson v Dodds
once an offer is rejected can it be accepted again? + what must offeror do?
no - offeror must communicate rejection to offeree
what is offeror doing if he attempts to accept offer after rejecting it?
making a new offer
what case states that rejection must be clear, not just a request for more info. ?
Stevenson v McLean
what is a counter-offer?
when offeror rejects original offer + makes a new one that can be accepted or rejected?
what case states that any counter offer must be communicated to be effective?
Hyde v Wrench
what case states that if the offeree knew that offeror died, offer will lapse + if offeree unaware it probs won’t
Bradbury v Morgan
what circumstance will mean that an offer will lapse after the offeror’s death? + example
where the offer requires personal performance by the offeror e.g. appearing in a film
what happens if the offeree dies?
offer lapses + cannot be accepted after the offeree’s death by his representatives
