mock revision Flashcards
Get a B
What is an offer?
An expression of willingness to contract to certain times. (gibson v manchester city council)
Types of offers?
1) Bilateral
2) Unilateral - carlill v carbolick smoke ball co -
3)Invitation to treat - pharmaceutical society of gb v boots
All exclusion clauses!!!
1) Revocation
2)Lapse of time
3)Rejection
4)Counter Offers
5)Death
Revocation case/+ explanation
KEY Case = Shuey v US(1875) - Revocation must be done in the same way the original offer has been made in.
An offer can be revoked at any time before the offeree accepts
Lapse of time case/+explanation
If a fixed period for the duration of the offer is stated then soon as that expires there is no offer. If no stated times courts consider ‘reasonable time’
KEY CASE= (Ramsgate Victoria Hotel v Motefiorce (1866)
Counter offer case/+explanation
Hyde v wrench(1840)- counter eliminates original offer
Stevenson v Mclean(1880)- Request of information
Counter offers terminate the original offer and swaps parties
Death of a party/+explanation
If an offeree dies the offer ends.Acceptance can still take place until offeree learns of offerors death.
KEY CASE =(BRADBURY V MORGAN(1862))
Rejection explanation
Once an offer is rejected it cannot be accepted by the person who rejects the offer
Rejection ends the offer
Must be communicated