Formation Of Contract: Offer Or Invitation To Treat Flashcards
What’s the difference between offer and ITT?
offer statement if terms of contract, shows offeror wants to become legally bound offers can be accepted
ITT is an Indication person willing to negotiate a contract, cannot be accepted
What the rule around advertisements?
An advert is normally a ITT (patridge v crittenden)
What was held patridge v crittenden
Was an ITT not an offer, offer made by the person is them responding to the advert.
Why can an advert also be an offer?
Advert can also be an offer, where the words clearly indicate that the offeror intended an offer to be made, usually within unilateral contracts
What was held in Carlil v carbolic smoke-ball co
Smoke all company made an offer and we’re liable, depositing the money into account in preparation for claims evidenced this
Why are shop window displays are an ITT
ITT rather than offer sellers not obliged to sell to customers
Fisher v bell
What was held in fisher v bell
Was an ITT, so shop keeper wasn’t guilty of an offence
What’s rule around a shop shelf?
They’re an ITT
When a customer takes item to till shop has obligation to accept or decline them
What was held in PSGB v Boots
Boots Weren’t liable offer made by customer when they took item off till
What’s the rule around auctions
Auction bidder makes an offer
Offer not accepted until hammer banged
Items auctioned are an ITT
What’s request for further info
If someone asks for further details about something which is listed for sale NOT AN OFFER BUT AN ENQUIRY
What was held Harvey v facey
No contract was made, when facey replied he was replying for request for further info
