Contract offer Flashcards
What does offer and acceptance give you?
An agreement
What are the two types of obligations under acceptance?
Bilateral- both parties in contract
Unilateral-Only one of you have an obligation under the contract
What is the definition of offer?
Terms by which you are bound
Who is the person that makes the offer called?
OFFEROR
OFFEREE is the person whom the offer is made to
What are the rules of offer?
Offer must be certain and clear
GIBSON V MCC- words like “may” is not an offer
When does an offer come into existence?
When communicated- Taylor v laird
Thornton V shoe lane parking- offer can be made by everyone even a machine
What is ITT?
The person is not making you an offer they are inviting you to make them an offer
What are the three types of ITT?
adverts, items on display in a shop and auctions
What is the case for Adverts itt?
Carlisle v Carbolic smokeball- Advert was an offer bcs they had deposited money into another account
What is the case for case for items on a display in w shop, ITT?
Fisher V Bell- The shopkeeper is the one who can accept and reject an offer, will always be an ITT not an offer
What is the case for Auctions Itt?
BCA V Wright- Offer isnt accepted until the auctioneer brings the hammer down
What is the case for Request for Information?
Harvey v Facey- request for information and a reply is not an offer
5 ways an offer can end?
Revocation, rejection, lapse of time, death and acceptance
