Formation- offer Flashcards
What is an invitation to treat
A party is inviting offers to be made
E.g goods in a shop window
(Fisher v bell)
What is an offer
A statement of terms in which 1 party is willing to enter a contract with the other party (Gibson v Manchester City council)
what does an offer contain
the essential terms expressed in reason;y certain terms
what is a unilateral contract
not an exchange of promises but 1 party (the offeror) makes a promise (typically payment) in exchange for a specific act by another
e.g golden ticket equals a free meal from a restaurant
what is a bilateral contract
agreement between 2 parties where they promise an act in exchange for the other parties act
e.g going to a shop and buying chocolate
what is the case for offers can be made by machines (on behalf of companies)
e.g parking tickets
Thornton v shoe lane parking
what is the case for answering a questions isn’t an offer being made
Harvey v facey
who can offers be made to
- a specific person
- a group of people
- the whole world
what is the general rule for termination of an offer
offers can be withdrawn at any time before acceptance (Routledge v grant)
what are situations where an offer can be validly terminated
- being accepted, so a contract is formed (acceptance)
- if the offeree rejects the offer
- being withdrawn (rejection)
- reasonable or specified time can lapse (ramsgate v montefiore)
-a counter offer being made (Hyde v wrench) - failure of conditions being met (financing v Stimson)
- death of a party (Reynolds v Atherton)