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law > 3 Offer/ ITT > Flashcards

3 Offer/ ITT Flashcards

1
Q

what is the person making the offer called?

A

offeror

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2
Q

what is the name for the person to whom the offer is made?

A

offeree

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3
Q

what is an offer?

A

starting point for a contract - part of negotiations

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4
Q

what stage is the ITT part of?

A

preliminary to negotiations

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5
Q

list 5 examples of an ITT

A
  1. advertisement in newspaper/ magazine
  2. shop window
  3. self-service shop
  4. auctions
  5. request for information
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6
Q

what case states that an advert in newspaper/ magazine is not an offer but an ITT?

A

partridge v critteden

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7
Q

what case states that the same conclusion as in partridge v critteden was reached in respect to goods in a shop window?

A

fisher v bell

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8
Q

why is it that goods in a self service shop are an ITT and not an offer + case

A

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

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9
Q

what case states that an auctioneer makes ITT + bidders make offers - explain case

A

Harris v Nickerson - item sold ‘without reserve’ - unilateral offer + sold to highest bidder

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10
Q

why is a request for info. not an offer?

A

it’s just a general enquiry

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11
Q

who can offers be made by?

A

anyone

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12
Q

list 2 examples of offers

A
  1. vending machines
  2. giving info. with uncertain terms
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13
Q

What does Thornton v Shoe lane parking say regarding vending machines?

A

when a person buys something from a vending machine, offer made by owner of vending machine. buyer accepts offer + makes contract come into existence

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14
Q

which case states that just giving info. does not amount to an offer?

A

Harvey v Facey

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15
Q

What case states that sometimes there can be a statement of price where an offer is also intended?

A

Biggs v Boyd Gibbins

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16
Q

What is the PoL for Gibson v Manchester City Council

A

a statement isn’t an offer if you show uncertainty with words used as to whether there is a willingness to make a contract

17
Q

how must an offer be communicated

A

must be clearly communicated because it cannot be accepted unless person seeking to accept it knows of its existence

18
Q

what type of offer is an offer to the public at large

A

unilateral offer

19
Q

what case demonstrates that an offer can be accepted as long as it is communicated to individual claiming to have accepted it

A

Carill v Carbolic Smoke Ball Co.

20
Q

what 6 ways can an offer be ended?

A
  1. lapse of time
  2. revocation
  3. rejection
  4. counter-offer
  5. death of offeror
  6. death of offeree
21
Q

when is the only time an offer can be accepted?

A

whilst it’s open

22
Q

why does lapse of time end an offer?

A

some offers made for fixed time period - end of period = offer lapses + comes to an end

23
Q

do most offers have a fixed time limit? (explain reasonable)

A

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)

24
Q

what case was the idea of a reasonable time shown in?

A

Ramsgate Victoria Hotel

25
Q

when can offeror revoke an offer?, but what must they do?

A

anytime before it is accepted, but this must be communicated to offeree

26
Q

what case states that revocation of an offer can even occur during any period when the offer is said to be open?

A

Routledge v Grant

27
Q

what case states that revocation can occur via a reliable third party?

A

Dickinson v Dodds

28
Q

once an offer is rejected can it be accepted again? + what must offeror do?

A

no - offeror must communicate rejection to offeree

29
Q

what is offeror doing if he attempts to accept offer after rejecting it?

A

making a new offer

30
Q

what case states that rejection must be clear, not just a request for more info. ?

A

Stevenson v McLean

31
Q

what is a counter-offer?

A

when offeror rejects original offer + makes a new one that can be accepted or rejected?

32
Q

what case states that any counter offer must be communicated to be effective?

A

Hyde v Wrench

33
Q

what case states that if the offeree knew that offeror died, offer will lapse + if offeree unaware it probs won’t

A

Bradbury v Morgan

34
Q

what circumstance will mean that an offer will lapse after the offeror’s death? + example

A

where the offer requires personal performance by the offeror e.g. appearing in a film

35
Q

what happens if the offeree dies?

A

offer lapses + cannot be accepted after the offeree’s death by his representatives

law (10 decks)

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