contract law(offer)

Question 1

what is an offer

Answer 1

An Offer is a proposal (or promise) showing a willingness to contract on firm and definite terms.

Question 2

what is an offeror

Answer 2

The offeror (or ‘promisor’) is the person making the offer.

Question 3

what is an offeree

Answer 3

The offeree (or ‘promisee’) is the person to whom an offer is made.

Question 4

case study for The offer must be definite in its terms

Answer 4

Gibson v Manchester City Council [1979]

Question 5

what is an advertisement

Answer 5

Generally, an advertisement is an invitation to treat and not an offer.

Question 6

case study for Invitation to Treat: advertisements

Answer 6

Partridge v Crittenden [1968]

Question 7

what is a bilateral contract

Answer 7

an agreement between two parties whereby there is an exchange of mutual promise.

Question 8

what is a unilateral contract

Answer 8

the offeror makes a promise in exchange for an act by another party.

Question 9

what is the case study for Exception to advertisements - Unilateral offers

Answer 9

Carlill v Carbolic Smoke Ball Co [1893]:

Question 10

what is invitation to treat

Answer 10

An ITT is merely an indication of a willingness to start negotiations and it invites the other person to make an offer, which can then be accepted or rejected.

Question 11

is invitation to treat an offer

Answer 11

An ITT is not an offer and therefore cannot be accepted and form a contract.

Question 12

case study for invitation to treat

Answer 12

Fisher v Bell [1961],

Pharmaceutical Society of Great Britain v Boots Cash Chemist [1953]:

Question 13

case study for invitation to Treat: Auctions

Answer 13

BCA v Wright [1972]:

Question 14

case study for Requests for further information

Answer 14

Harvey v Facey [1893]

Question 14

who can make an offer

Answer 14

An offer can be made by anyone: an individual, a company, an employee or even a machine.

Question 15

To whom can an offer be made?

Answer 15

An offer can be made to an individual (Gibson), a group of people, an organisation like a company or the world at large (Carlill)

Question 16

case study for Communicating the offer

Answer 16

Taylor v Laird [1856]:

Question 17

case study for Communicating the offer - timing

Answer 17

Stevenson v McLean [1880].

Question 18

when can an offer be accepted

Answer 18

An offer can only be accepted while it is open.

Question 19

when can an offer come into existence

Answer 19

when it is communicated to the offeree.

Question 20

when can an offer not be accepted

Answer 20

Once it has ended it cannot be accepted. An offer cannot be accepted unless the person who is seeking to accept it knows of its existence.