Formation Of Contract: Offer Flashcards
What is and offer?
A statement of the term upon which person making the offer is willing to enter a contract
Can be verbal or written
Words of an offer must be
Must be certain
‘might be prepared to’
If uncertain will not be an offer
Gibson v mcc
What was held in Gibson v mcc
Mcc hadn’t wasn’t a valid offer, suggesting offer was possible and not definite, mr Gibson hadn’t made a valid offer
Who can make an offer?
Anyone can make an offer includes individuals, businesses, or can be made by a notice or a machine
What was held in Thornton v shoe lane parking
C accepted term in terms by purchasing a ticket bound by terms, claim unsuccessful.
How long does an offer last?
Only accepted whilst it’s open, will be specified in contracts, or courts will have to decide.
Offer open once communicated offeror (Taylor v laird)
What was held in Taylor v laird
He was entitled to nothing and no offer was communicated to the employer
Courts will look at timing? Why
To still decide if offer is open, Stevenson v McLean was a breach of contract as offer wasn’t effectively revoked