making an offer- FORMATION

Question 1

offer definition

Answer 1

definite and precise statement which shows that a person is ready and willing to be part of a legally binding contract

Question 2

unilateral contract meaning + case name

Answer 2

offer made by a single person to ‘the world at large’; accepted by action for example reward posters, raffles but offers must be communicated
Carlill v Carbolic Smokeball Co

Question 3

bilateral contract meaning

Answer 3

agreement between two people an action is required by both

Question 4

invitation to treat meaning

Answer 4

showing a willingness to enter into negotiations and is not an offer

Question 5

examples of invitations to treat in news papers

Answer 5

Partridge V Crittenden- entering contract must be voluntary; advert is an invitation to treat or an offer

Question 6

examples of invitations to treat, goods displayed in shops

Answer 6

• Pharmaceutical society of great britain v boots- offer made at till by customer
• Fisher v Bell- no offer for sale as it is an invitation to treat

Question 7

examples of invitations to treat by auctions

Answer 7

British Car Auctions v Wright- no offer to sell but invitation to treat for items in an auction

Question 8

thornton v shoe lane parking

Answer 8

Office can be made by notice or machine

Question 9

revocation (how does an offer come to an end) with case name

Answer 9

• an offer can be withdrawn at any time before is accepted
• Routledge v Grant, not bound to keep offer open for six weeks as one party cannot be bound without the other
• Dickinson v Dodds

Question 10

counter offer (how can offer come to and end)

Answer 10

• if offeree wishes to accept an offer they must accept the offer exactly how it was made
• Hyde v Wrench, counter offer destroyed original offer so no contract existed, request for information is not a counter offer (Stevenson v Mclean)

Question 11

lapse of time (how can an offer come to an end)

Answer 11

• offer may be subject to an express time limit but if no limit is expressed it is open for a reasonable time
• Ramsgate Victoria Hotel v Montefiore, offer was no longer open due to the nature of subject matters (shares)

Question 12

death of either party (how can an offer come to an end)

Answer 12

if offerer dies, if the estate can satisfy the contract, the contract will have to be performed

if only offerer can satisfy contract the offer will die with him

if offeree dies offer automatically terminates