Offer Flashcards
What is a contract?
an agreement between 2 parties with a promise to give and receive something - intent of it being legally binding
What is the difference between a bilateral and a unilateral contract?
Bilateral = between 2 people (the offeror and offeree)
Unilateral = one party open to the world
Carlill v Carbolic Smoke Ball Co 1892
flu cure - £100 if contracted the flu
Held: because they deposited £1000 in an account = shows willingness and therefore has to pay out
7 elements of a binding contract
1) must be expressed or implied
2) specific or general
3) must be communicated
4) definite and not vague
5) should not impose an obligation to communicate non-acceptance
6) must be more than a mere statement of information
7) different from an invitation to treat
Taylor v Laird 1856
offer must be communicated
captain of a ship dipped half way to become a crew member then tried to claim his wages
held - failed as this had not been communicated
Guthing v Lynn 1831
contract should be definite and not vague
buyer of a horse said if it’s lucky he’ll pay an extra £5
held - promise was too vague
Hillas v Arcos 1932
contract should be definite and not vague
Hillas bought some timber from Arcos - offer contained an option that they would be able to buy up to 100,000 units at a discounted rate of 5%
Arcos later refused to honour this as they claimed the offer was too vague
HELD - offer was valid and enforceable as not vague
Harvey v Facey 1893
a contract should be more than a mere statement of fact
held - not a contract - Facey was merely responding to a request for more info = not an offer
5 examples of invitations to treat
display of goods
ticket and vending machines
auctions
tenders
advertisements
Fisher v Bell 1961
display of goods (itt)
the defendant displayed a flick knife in his shop window with a price tag - went against the Restriction of Offensive Weapons Act 1959
Pharmaceutical Society of GB v Boots Cash Chemists (Southern) Ltd 1952
display of goods (itt)
goods on a shelf constitute as an itt - the customer takes the goods to the till and makes an offer to purchase
Thorton v Shoe Lane Parking 1971
ticket and vending machines (itt)
the machine itself constituted the offer - acceptance was made by putting money into the machine
Partridge v Crittenden 1968
advertisements (itt)
the defendant placed an advert in a classified section of a magazine offering some bramble finches for sale
HELD - the advert was an itt not an offer - however reward posters are offers
Which case states that the revocation of an offer must be communicated to the offeree?
Byrne v Van Tienhoven 1880
Which case states that notice of revocation can be communicated through a reliable third party?
Dickson v Dodds
