formation- offer

Question 1

what is an offer

Answer 1

an expression of willingness to enter a contract on certain terms

Question 2

case for defining offer

Answer 2

Gibson v Manchester City council

Question 3

Gibson v Manchester City council facts

Answer 3

there was no offer as it lacked certainty

Question 4

what are ITTS

Answer 4

invitations to treat:

-statements preparatory to an offer
-not offers so cannot be accepted

Question 5

3 things to consider whether there is an offer

Answer 5

1. possible to say yes to make an agreement
2. is language firm or uncertain
3. does it fall into recognised case law

Question 6

the 4 ITT categories

Answer 6

1. goods in a shop window
2. advertisements
3. request for info
4. auctions

Question 7

are goods in a shop window an offer?

Answer 7

no, they are ITT

the offer is made when the costumer presents the goods to the cashier

Question 8

case for goods in a shop window

Answer 8

Fisher v Bell:

-flick knife on display in shop window
-not offered for sale

Question 9

are advertisements offers?

Answer 9

no, they are usually ITTs

they become offers when the person viewing them contacts the advertiser and indicates they wish to buy

Question 10

case for advertisements

Answer 10

partridge v crittenden

• protected birds advertised for sale
• not being offered as it breached the law

Question 11

are requests for info offers

Answer 11

no, general inquiry or indication of price not an offer

Question 12

case for requests for info

Answer 12

Harvey v Facey

-asked for price, tried to buy when he replied
-reply was just to the request for info, not an offer

Question 13

are auctions offers?

Answer 13

bidder makes the offer and auctioneer accepts by banging hammer

Question 14

case for auctions

Answer 14

British car auctions v wright

Question 15

what is a unilateral contract

Answer 15

only one party assumes an obligation

Question 16

case for unilateral contracts

Answer 16

carlil v carbolic smoke ball co

-company - published advert saying it would pay £100 to anyone who used their remedy and get ill
- C used it became ill but they refused to pay
- it was an offer due to the clear wording and it could be anyone who bought the smoke ball
- the deposit they made demonstrates willingness to be bound by promise

Question 17

why was carlil v carbolic an offer

Answer 17

if an ad contains a clear indication that there is an offer it is to be taken seriously

Question 18

who can make an offer

Answer 18

can be made by anyone, even a machine

Question 19

case for who can make an offer

Answer 19

thornton v shoe lane parking

-parking metre made an offer
-accepted by inserting money

Question 20

when does an offer come into existence

Answer 20

when it had been communicated to the offeree

Question 21

case for making an offer

Answer 21

inland revenue commission v fry

-owed money
-cheque was cashed before they read the letter that said by doing that they accepted no more money
-no knowledge of offer so no acceptance

Question 22

5 ways to end an offer

Answer 22

revocation
rejection
lapse of time
death
acceptance

Question 23

what is revocation and how is it effective

Answer 23

an offer can be revoked any time before it has been accepted

must be communicated before it is effective

Question 24

case for revocation

Answer 24

Routledge v grant

Question 25

Routledge v grant facts

revocation

Answer 25

offered house for sale for 6 weeks, revoked offer after 3 weeks

effective revocation

Question 26

who does communication of revocation need to come from

Answer 26

does not have to come directly from offeror, can come from reliable source

Question 27

case for communication of revocation

Answer 27

dickinson v Dodds

Question 28

dickinson v Dodds facts

Answer 28

offered to sell house, sold it to someone else during this time

heard from a reliable source, effective revocation

Question 29

what is rejection of an offer

Answer 29

once offer is rejected it cannot be accepted

rejection ends offer

Question 30

what is the effect of a counter offer

Answer 30

counter offer is treated as rejection

Question 31

case on rejection

Answer 31

hyde v wrench

Question 32

hyde v wrench facts

Answer 32

-offered to sell his farm
-offered lower deal, tried to accept first
-counter offer ended original offer

Question 33

what is lapse of time

Answer 33

if fixed prior stated, offer ends after that

no time stated, will lapse after reasonable length of time passed

Question 34

case for lapse of time

Answer 34

Ramsgate Victoria hotel v montefiore

Question 35

Ramsgate Victoria hotel v montefiore facts

Answer 35

too long for offer to buy shares to remain open, was a lapse of time

Question 36

how does death affect offer

Answer 36

offer ends and those dealing w their estate cannot accept offer

offer can still take place until they learn of their death

Question 37

how does acceptance affect offer

Answer 37

once accepted there is in principle a legally binding contract

offer has ended