CONTRACT LAW- CHAPTER 18 O And A

Question 1

Define an offer

Answer 1

A proposal showing willingness to contact on firm and definite terms

Question 2

Define an offeror

Answer 2

Person who makes the offer

Question 3

Define an offeree

Answer 3

Person to whom the offer is made

Question 4

What must an offer be?

Answer 4

Definite in terms. Words like ‘may be able to’ show an invitation rather than an offer Gibson 1979

Question 5

What are the elements to a contract

Answer 5

Offer-acceptance-consideration-privity-intention to create legal relations

Question 6

Define invitation to treat

Answer 6

An indication that one person is willing to negotiate a contract with another but he or she isn’t yet willing to make a legal offer

Question 7

Can an advert be an offer

Answer 7

Usually not Partridge 1968 but if it has a clear indication of it being an offer and it’s a unilateral contract then if the offeree does the precise thing promised by offeror then yes contract Carbolic smoke ball 1893

Question 8

Are good in a shop window or shelf an offer

Answer 8

No an invitation to treat, becomes an offer when you present the item to a checkout operator or self scan Fisher 1961/Boots 1953. Otherwise seller obliged to sell it to you

Question 9

How do lots at an auction work in regards to contract

Answer 9

Bidder makes an offer that the auctioneer accepts by banging a hammer. Means lots available at an auction are an invitation to treat until hammer slammed Wright 1972

Question 10

Who can make an offer

Answer 10

Anyone, an individual, companies etc. Thornton 1971 (can be made by a machine or a notice) employer can make on behalf of a company

Question 11

Who can an offer be made to

Answer 11

Any named individual or the world at large like the carbolic case

Question 12

How long does an offer last

Answer 12

Can only be accepted while it’s open. Once ended can’t be accepted or form contract basis. Comes into existence when communicated to offeree so offeree is aware of the offer Laird 1856. Timing is critical McLean 1880

Question 13

Give the five ways a contract can end

Answer 13

Revocation, rejection, lapse of time, death or acceptance

Question 14

Define revocation

Answer 14

Can be withdrawn at any time. Offeror needs to communicate this to the offeree Routledge 1828. Can have implications if the offer is to the whole world so can end in three ways, setting time limit, expiring in reasonable time and publishing revocation of the offer same way offer was made. An offeree can make a separate contract to offeror to keep offer open to them. Collateral contract which can be enforced if offeror refuses to sell in period or to someone else. Communication of revocation needs to be reliable not in person but can be Dodds 1876

Question 15

Define rejection

Answer 15

An offer ends if the offer is rejected using a ‘no’. If a counter offer is made the offeree becomes the offeror Hyde 1846

Question 16

Define lapse of time

Answer 16

Offer falls through bc too much times passes Ramsgate 1866

Question 17

What happens in death with an offer

Answer 17

Offeror dies offer can still be accepted until death learnt of by offeree, offeree died then end of deal

Question 18

What must an acceptance of a contract be made

Answer 18

Positive and unqualified. Whole offer with its terms need to be accepted

Question 19

Define an acceptance

Answer 19

A final and unconditional agreement to all the terms of an offer

Question 20

How do you accept an offer

Answer 20

Can be accepted in any form provided it’s unequivocal and communicated to the offeror. Can be via email text phone letter but can’t be silent felthouse 1863

Question 21

If an offeror wants an acceptance ace in a certain way does it need to be in that way

Answer 21

Yes Yates 1975

Question 22

Give the three ways an acceptance can take place

Answer 22

Via conduct: an acceptance can occur before a contract is signed if job in the contract has already happened Anotech 2016
Acceptance by post: applied if 1.) post is expected means of communication 2.) letter properly addressed and stamped 3.) offence proves letter is posted. If all yes then accepted at time of postage Adams 1818
Electronically: courts struggle to deal with. Article 11 Elect comms directive 2002 states a buyer is required to give consent via tech, acknowledged via a receipt of acknowledgment
Brinkibon 1983: only effective if office reopened
Consumer protection directive 2000 if retailer doesn’t give info then no contact even if terms accepted
Thomas and gander 2010: email deemed to be accepted out of hours depends on case facts and industry
Unsolicited goods and services act 1971: no contract if goods received without acceptance