Offer Flashcards
What are the steps for offer?
Offer
Bilateral and unilateral
Invitations to treat (don’t need to do all)
Who can make an offer
How long do they last
How can they end (mention communication rules)
What is an offer?
A certain/definite statement which are not invitations to treat and are communicated by the offeror to the offeree, it is up to the offeror to decide whether to accept or not until the offer ends
Are all agreements also contracts?
No (if there is something else that is wrong)
Are all contracts also agreements?
Yes (must be an offer and acceptance - meeting of the minds)
What does it mean by a “definite” statement?
If a statement isn’t capable of being accepted, it is not offer
Which case shows a non-definite statement?
Gibson v Manchester
Are adverts offers or invitations?
Generally invitations, but there is an exception
Which case shows adverts are invitations?
Partridge v Crittenden
When are adverts taken to be offers?
When they can be expected to be taken seriously - when it is unilateral
Which case shows adverts are offers if they can be expected to be taken seriously?
Carlill v Carbolic Smoke Ball
Are goods in a shop window/shelf offers or invitations?
Invitations
Which case shows goods in a shop window/shelf are invitations?
Fisher v Bell
What is a unilateral offer?
An offer to the whole world (the contract will be with whoever meets it)
What is a bilateral offer?
An offer between 2 parties
In a shop, when is an offer made, and who by?
The customer when they queue
Which case shows a customer makes an offer when they queue?
Pharmaceutical Society v Boots
When is an offer made and accepted in an auction, and who does which?
Bidder makes the offer when they bid, auctioneer accepts when they bang the hammer (the lots are an invitation)
Which case shows the rule on offers at an auction?
British Car v Wright
Is a request for information an offer or invitation?
Invitation
Which case shows a request for information is an invitation?
Harvey v Facey
Who can make offers?
Anyone, including through a notice or machine
Which case shows offers can be made through machines?
Thornton v Shoe Lane Parking
How long does an offer last?
Either however long specified in the offer, or the courts will apply a reasonable time
Which case shows how long an offer lasts?
Stevenson v McLean
What are the 5 ways an offer can end?
Revocation
Rejection
Lapse of time
Death
Acceptance
What does a counter offer do to the original offer?
Rejects the offer and opens a new one (meaning the original offeree cannot go back and accept the original offer)
