Formation - offer Flashcards

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1
Q

Define Offer

A

A statement upon which the person making an offer is willing to enter a contract.

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2
Q

The words of an offer must be…

A

certain

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3
Q

The words of an offer must be certain as seen in

A

Gibson v MCC (Manchester city council)

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4
Q

Who can make an offer?

A

anyone/ anything

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5
Q

An offer can be made by a ticket or machine as established in….

A

Thornton v shoe lane parking

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6
Q

When can an offer be accepted?

A

While it is open and communicated by the offeror

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7
Q

An offer must be communicated by the offeror as seen in…

A

Taylor v laird

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8
Q

If it is unclear when an offer has ended the courts will look at the timing of the offer as seen in…

A

Stevenson v Mclean (only apply if relevant)

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9
Q

Invitation to treats (ITT) can be accepted? TRUE OR FALSE

A

False, They cannot be accepted

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10
Q

What is in ITT?

A

Inviting someone to make an offer to you

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11
Q

Adverts are usually what?

A

ITT

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12
Q

adverts are usually ITT as seen in

A

Pattridge v critteden

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13
Q

Wordings of an advert can become an offer as seen…

A

Carli v carbolic smokeball co.

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14
Q

shop and window displays are usually…

A

ITT

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15
Q

Shop keepers can refuse the sale of an item as seen in…

A

Fisher v bell

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16
Q

What happens at auctions?

A
  • The bidder makes an offer
  • offer not accepted until the hammer is banged
  • therefore items auctioned are ITT
17
Q

Requesting for more information is not an offer it is an enquiry as established in…

A

Harvey v Facey

18
Q

When can revocation tale place?

A

Before acceptance

19
Q

You can revoke an offer at any time before acceptance as seen in….

A

Routledge v Grant

20
Q

An offer can be effectively revoked by a third party as seen in…

A

Dickinson v dodds

21
Q

What is the problem with revoking through a third party? (A03)

A

Third parties may not be reliable and may not have effectively revoked an offer leaving individuals in legally binding contracts without being aware of it.

22
Q

Explain lapse of time as a way of ending an offer

A

Offers have time limit, if one party fails to accept offer within the time stated, the offer no longer exists. If it is not stated it would end after
a reasonable time period has elapsed.