contract law(offer) Flashcards
what is an offer
An Offer is a proposal (or promise) showing a willingness to contract on firm and definite terms.
what is an offeror
The offeror (or ‘promisor’) is the person making the offer.
what is an offeree
The offeree (or ‘promisee’) is the person to whom an offer is made.
case study for The offer must be definite in its terms
Gibson v Manchester City Council [1979]
what is an advertisement
Generally, an advertisement is an invitation to treat and not an offer.
case study for Invitation to Treat: advertisements
Partridge v Crittenden [1968]
what is a bilateral contract
an agreement between two parties whereby there is an exchange of mutual promise.
what is a unilateral contract
the offeror makes a promise in exchange for an act by another party.
what is the case study for Exception to advertisements - Unilateral offers
Carlill v Carbolic Smoke Ball Co [1893]:
what is invitation to treat
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.
is invitation to treat an offer
An ITT is not an offer and therefore cannot be accepted and form a contract.
case study for invitation to treat
Fisher v Bell [1961],
Pharmaceutical Society of Great Britain v Boots Cash Chemist [1953]:
case study for invitation to Treat: Auctions
BCA v Wright [1972]:
case study for Requests for further information
Harvey v Facey [1893]
who can make an offer
An offer can be made by anyone: an individual, a company, an employee or even a machine.
To whom can an offer be made?
An offer can be made to an individual (Gibson), a group of people, an organisation like a company or the world at large (Carlill)
case study for Communicating the offer
Taylor v Laird [1856]:
case study for Communicating the offer - timing
Stevenson v McLean [1880].
when can an offer be accepted
An offer can only be accepted while it is open.
when can an offer come into existence
when it is communicated to the offeree.
when can an offer not be accepted
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.
