Offer Flashcards
Definition of Offer
Offer is a statement of terms upon which a person is prepared to be bound by a contract
Bilateral offer definition
Both offeror+offeree must do something
E.g you give me this i give you that
Unilateral offer definition
Obligation on the offeree to meet the performance criteria set by the offeror
Invitation to treat definition
Indication a psrson is willing to negotiate the offer
E.g ads,shop window,auction
When may the courts decide a IVT is a offer + case to go with it
The courts may decide its a offer if it contains clear indication it is meant to be taken seriously as an offer
Carhill V Carbolic Smoke Ball: Promise in the ad was a unilateral offer that could be accepted by conduct
Is a request for info a offer
No
Who can make an offer + case
A offer can be made by anyone including a individual business or machine
Thornton: offer was made by a machine
When does a offer begin
Once communicated to the offeree
How can a offer end
Rejection, revocation, lapse of time, death
What is revocation (ending an offer)
Removing your offer, Effective when communicated to the offeree can be done via a reliable person
Rejection
Once rejected, cant be accepted must be clearly communicated
Lapse of time
If a fixed period of time is given, once this ends the offer ends or for a reasonable amount of time
