Offer Flashcards
Harvey v Facey
A mere statement of information (price) is not an offer.
NOT asking to buy BUT asking if the seller would be willing to sell.
Gibson v Manchester City Council
- The court decided that “we may be prepared to sell” is not the same as “we offer to sell.”
(i) Language is important;
(ii) subjective state of mind to form contract or not is irrelevant regardless of reliance.
Storer v Manchester City Council
“will sell” - clear language for offer
Carlill v Carbolic Smoke Ball
Unilateral offer; the line between offer and random advertisement. 1000 GBP deposit at the bank shows their intention to be legally bound. Therefore, it is an offer.
Inland Revenue Commissioners v Fry
Unilateral offer; The fact that the offer is made must be known to the offeree for it to be valid.
Clifton v Palumbo [1944]
Invitation to treat: “What is actually being offered” makes a difference. A offers to B to buy a big estate for a large amount of money.
Partridge v Crittenden
“offering for sale” is not an offer but an invitation to treat.
Grainger v Gough
Merely showing price list (of wine) is not an offer and there is limited supply of wine. It is an invitation to treat. Obiter - unless it comes from manufacturer.
Fisher v Bell
Mere display of a good does not amount to an offer. The buyer presenting the good to the cashier is an offer.
Pharmaceutical Society of G v Boots
Self-service store display of products is not an offer.
Lefkowitz v Great Minneapolis Surplus Store
American case! Selling women coat. “first come first served”. The language is clear that it is not an offer.
Dickinson v Dodds (1876)
Revocation of offer: the communication can be made through a third party.
Harvela v Royal Trust
Tender bids were called “to sell the object to the highest bidder”. Another party offered “100 in excess of any other offer”. The referential bid like that was invalid.
Blackpool Fylde Aero Club v Blackpool BC
The council invited tender to be submitted in a letter box. P submitted before deadline but it was accidentally left out. The tender is still not an offer but it raised contractual duty that the letter was submitted before deadline and was promised to be considered. “loss of a chance.”
Payne v Cave
Auctions. An auction bid is an offer, only accepted on the fall of the auctioneer’s hammer. Codified in s 57(2) of the Sale of Goods Act 1979.
Barry v Heathcote Ball
Auctions “without reserve” means will definitely sell to the highest bidder (regardless of the price).
Taylor v Laird
Offer must be communicated 1. orally, or 2, writing, or 3. by conduct.
Gibbons v Proctor
A policeman who provided information about a crime in ignorance of the offer of reward was allowed to claim that reward.
R v Clarke
R provided evidence “only to clear his name”, not knowing there is an offer for reward. No reward for him. Ignorance of offer = not hearing offer or forgetting it
Termination of an offer
(i) Rejection (ii) Revocation (iii) Lapse
Hyde v Wrench
Counter offer means the original offer is rejected.
Why counter offer is the termination of the original offer?
To avoid the counter offeror being able to test water with a counter offer while still having the original offer to accept. - Atiyah
Sevenson, Jacques & Co v McLean
Request on the timing of payment was not specific enough to constitute a counter offer capable of acceptance. - Request for more information.
Byrne v Van Tienhovan
Revocation of offer must be “brought to the mind of the offerree”.
Errington v Errington and Woods
A unilateral offer cannot be revoked without giving the offeree reasonable time to perform the condition of that offer as a form of acceptance.
Daulia v FourMillbank Nominees
Blanket Rule: There must be an implied obligation on the part of the offeror not to prevent the condition becoming satisfied, which obligation … must arise as soon as the offeree starts to perform
Soulsbury v Soulsbury
Reaffirmed Errington; Revocation of unilateral offer; wife agreed to divorce the husband if he leave a big sum in his will. Then, he got another wife and he died. The second wife refused to give. The first wife got the sum per contract.
Bradbury v Morgan
Death of the offeror. An offer will lapse on death of the offeror unless the offer was not for personal services and the offeree did not have notice of the offeror’s death.
Reynolds v Atherton
An offer will lapse on death of the offeree.
Ramsgate Victoria Hotel Co. v Montefiore
An offer will lapse after a “reasonable time”.
