Offer Flashcards
Firstly the offer must be clear (___1____) and not an invitation to treat (___2___)
- Gibson
2. Partridge
Step 1 - it is not an invitation to treat if the reward is from a unilateral offer in an advert, and the other party has accepted to perform the conditions in that offer
Carlill - Carbolic Smoke Bomb
Step 1 - if an item is displayed in a shop window with a price label on it then its an invitation to treat
Fisher v Bell
Step 1 - Auctions are an invitation to treat
British Car Auctions
Secondly, the offer must have been communicated to the offeree (___1___)
- Taylor
Step 2 - If there is no communication of an offer then there is no basis for a contract
R v Taylor - Working on the ship
Lastly, the offer _____ ______ ____ ____
The offer must still be open
Revocation - Routeledge v Grant
The offer ended at the point the offeror made it clear it was no longer active
Revocation - Dickinson v Dodds
Revocation can take place on behalf of someone known to the offeror
Revocation - Errington
It is not possible to revoke an offer once the obligations start to be carried out
Rejection - Wrench
If a counter offer is rejected then the offer is over
Rejection - Stevenson v McLean
A question simply counts as a query
Lapse of Time - Victoria Hotel
A long delay means the offer lapses