Offer

Question 1

Harvey v Facey

Answer 1

A mere statement of information (price) is not an offer.
NOT asking to buy BUT asking if the seller would be willing to sell.

Question 2

Gibson v Manchester City Council

Answer 2

• 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.

Question 3

Storer v Manchester City Council

Answer 3

“will sell” - clear language for offer

Question 4

Carlill v Carbolic Smoke Ball

Answer 4

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.

Question 5

Inland Revenue Commissioners v Fry

Answer 5

Unilateral offer; The fact that the offer is made must be known to the offeree for it to be valid.

Question 6

Clifton v Palumbo [1944]

Answer 6

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.

Question 7

Partridge v Crittenden

Answer 7

“offering for sale” is not an offer but an invitation to treat.

Question 8

Grainger v Gough

Answer 8

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.

Question 9

Fisher v Bell

Answer 9

Mere display of a good does not amount to an offer. The buyer presenting the good to the cashier is an offer.

Question 10

Pharmaceutical Society of G v Boots

Answer 10

Self-service store display of products is not an offer.

Question 11

Lefkowitz v Great Minneapolis Surplus Store

Answer 11

American case! Selling women coat. “first come first served”. The language is clear that it is not an offer.

Question 12

Dickinson v Dodds (1876)

Answer 12

Revocation of offer: the communication can be made through a third party.

Question 13

Harvela v Royal Trust

Answer 13

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.

Question 14

Blackpool Fylde Aero Club v Blackpool BC

Answer 14

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.”

Question 15

Payne v Cave

Answer 15

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.

Question 16

Barry v Heathcote Ball

Answer 16

Auctions “without reserve” means will definitely sell to the highest bidder (regardless of the price).

Question 17

Taylor v Laird

Answer 17

Offer must be communicated 1. orally, or 2, writing, or 3. by conduct.

Question 18

Gibbons v Proctor

Answer 18

A policeman who provided information about a crime in ignorance of the offer of reward was allowed to claim that reward.

Question 19

R v Clarke

Answer 19

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

Question 20

Termination of an offer

Answer 20

(i) Rejection (ii) Revocation (iii) Lapse

Question 21

Hyde v Wrench

Answer 21

Counter offer means the original offer is rejected.

Question 22

Why counter offer is the termination of the original offer?

Answer 22

To avoid the counter offeror being able to test water with a counter offer while still having the original offer to accept. - Atiyah

Question 23

Sevenson, Jacques & Co v McLean

Answer 23

Request on the timing of payment was not specific enough to constitute a counter offer capable of acceptance. - Request for more information.

Question 24

Byrne v Van Tienhovan

Answer 24

Revocation of offer must be “brought to the mind of the offerree”.

Question 25

Errington v Errington and Woods

Answer 25

A unilateral offer cannot be revoked without giving the offeree reasonable time to perform the condition of that offer as a form of acceptance.

Question 26

Daulia v FourMillbank Nominees

Answer 26

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

Question 27

Soulsbury v Soulsbury

Answer 27

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.

Question 28

Bradbury v Morgan

Answer 28

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.

Question 29

Reynolds v Atherton

Answer 29

An offer will lapse on death of the offeree.

Question 30

Ramsgate Victoria Hotel Co. v Montefiore

Answer 30

An offer will lapse after a “reasonable time”.