Formation - offer Flashcards
Define Offer
A statement upon which the person making an offer is willing to enter a contract.
The words of an offer must be…
certain
The words of an offer must be certain as seen in
Gibson v MCC (Manchester city council)
Who can make an offer?
anyone/ anything
An offer can be made by a ticket or machine as established in….
Thornton v shoe lane parking
When can an offer be accepted?
While it is open and communicated by the offeror
An offer must be communicated by the offeror as seen in…
Taylor v laird
If it is unclear when an offer has ended the courts will look at the timing of the offer as seen in…
Stevenson v Mclean (only apply if relevant)
Invitation to treats (ITT) can be accepted? TRUE OR FALSE
False, They cannot be accepted
What is in ITT?
Inviting someone to make an offer to you
Adverts are usually what?
ITT
adverts are usually ITT as seen in
Pattridge v critteden
Wordings of an advert can become an offer as seen…
Carli v carbolic smokeball co.
shop and window displays are usually…
ITT
Shop keepers can refuse the sale of an item as seen in…
Fisher v bell
What happens at auctions?
- The bidder makes an offer
- offer not accepted until the hammer is banged
- therefore items auctioned are ITT
Requesting for more information is not an offer it is an enquiry as established in…
Harvey v Facey
When can revocation tale place?
Before acceptance
You can revoke an offer at any time before acceptance as seen in….
Routledge v Grant
An offer can be effectively revoked by a third party as seen in…
Dickinson v dodds
What is the problem with revoking through a third party? (A03)
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.
Explain lapse of time as a way of ending an offer
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.
