intro to contract Flashcards
what are the 4 requirements of a contract
- offer
- acceptance of that offer
- consideration
- intention to create legal relations
offeror
person making the offer
offeree
person to whom the offer is made
what is an offer
- statement of the terms by which the offeror is prepared to be bound
- all that is required from the offeree is an acceptance
why must an offer be certain
so that if it is accepted both parties know what they have agreed to
what is an invitation to treat
- an invitation to someone to make an offer
- leaves the person who issued the invitation able to decide whether or not to accept any subsequent offer
what can offers be accepted to form (ITT cannot)
a contract
how does an offer indicate that no further negotiations are needed
the offeror intends to be bound by an acceptance of his/her terms
an invitation to treat is a statement which shows willingness as to what?
enter into negotiations or is art of the continuing negotiation process
what will whether a statement is an offer/ITT depend on
the circumstances
which case illustrates that displays of goods in shop windows are ITT
fisher v bell
principle in fisher v bell
although the shop keeper was displaying a flick knife in his window with a price tag, the court decided that this amounted to an ITT and not an offer for sale
which case illustrates that goods on display in supermarkets and self service stores are ITT
PSGB V boots
PSGB v boots
display of some drugs would be illegal if it was an offer
which case illustrates that advertisements in magazines, catalogues, newspapers and online are ITT
partridge v crittenden
partridge v crittenden
an advert in a magazine to sell wild birds was an ITT and not an offer for sale
which case illustrates that auction sales are ITT
payne v cave
payne v cave
it was held that an auctioneer asking for bids was not making an offer, it was an invitation to treat. offer is made by the bidder and the auctioneer is free to accept/reject it
which case illustrates that responses to requests for info are ITT
Harvey v facey
Harvey v facey
fs response ‘lowest cash price for bumper hall pen £900’ was not an offer but merely a statement of the price and an invitation to treat. so when f refused to sell to h at that price he was not in breach of contract
if an offer is made to one person or a group of people, who can accept it?
only by that person or group
if an offer is made to the whole world eg for offer of a reward, who could it be accepted by
anyone who does what is set out in the reward poster
which case involves a reward advertisement
CARLILL V CARBOLIC SMOKE BALL CO
CARLILL V CARBOLIC SMOKE BALL CO
the court decided that because of the sum of money set aside, and the fact that the advert was clear to what conditions had to be fulfilled to be entitled to the £100, the advert was an offer to the whole world and c was entitled to the reward