Offer Flashcards
Invitation to treat
Gibson v Manchester City Council - “may be prepared to”
Partridge v Crittenden - advertisements are an invitation to treat
Fisher v Bell - goods on a shelf are an invitation to treat
Pharmaceutical Society of GB v Boots Cash Chemists - when goods are approved at till the offer exists
British Car Auctions v Wright - auction is invitation to treat
Unilateral contracts
Offeror makes a promise in exchange for an act. Contract exists when act is completed. Carhill v Carbolic Smoke Ball Co.
Is a request for invitation an offer?
Harvey v Facey - a request for information is not an offer
Who can make an offer?
Thornton v Shoe Lane Parking - can be a machine, an employee of a business, an agent, or a notice
Offeree needs to know of the existence of the offer
Taylor v Laird
Timing is critical
Stevenson v McLean - contract begins after acceptance
Revocation
- can be done by setting a time limit
- or by the expiry of reasonable time
- by publishing the revocation of the offer in the same way as the original offer was made
Revoked as soon as it is communicated to the offeree (Routledge v Grant)
A reliable source can be an effective means of revocation (Dickinson v Dodds)
Rejection
Offer can end by a simply “no”, or counter offer (Hyde v Wrench)
Lapse of time
Varies depending on nature of offer (Ramsgate Victoria Hotel v Montefiore)
Death
Offer can end if offeree dies - estate cannot accept on their behalf, but a new offer can be made.
When an offeror dies acceptance can still take place, however not the case for personal services.