Offer Flashcards
What must a valid contract contain
An offer
What is an offer
A statement containing the essential terms expressed in reasonably certain terms and a statement of terms upon which one party is willing to enter into a contract with the other
Who is an offer made by
The offeree
Why does the offeree offer the contract
To enter into a legally binding agreement based on the terms set out in the offer
When is a contract formed
When the terms are accepted
What case would you use for the definition of an offer
Gibson v Manchester City Council
What are the 2 types of contracts
Bilateral and unilateral
What is a bilateral contract
Agreement between 2 parties whereby they each promise an act in exchange for the other parties act
What is an example of a bilateral contract
One party offers to pay money and the other party offers to pass ownership of the item over such as buying chocolate from a shop
What is a unilateral contract
Not an exchange of promises but rathe 1 party (the offeror) makes a promise in exchange for a specific act by another
What is an example of a unilateral contract
If you find a golden ticket to a restaurant so you win a free meal
What case would you use for unilateral contract
Carlill v Carbolic smokeball Co
Is the response to a question an offer
No
What case would you use for answering a question is not an offer
Harvey v Facey
Can offers be made by machines on behalf of companies
Yes
What case would you use for offers be made by machines on behalf of companies
Thornton v Shoe lane parking
Who can offers be made to
A specific person, group of people or the world
What case supports an offer being made to a specific person
Gibson v Manchester City Council
What case supports that an offer can be made to the whole world
Carlill v Carbolic smokeball Co
What must the offer be in order to be accepted
Clear for everybody and there must be knowledge of it
What case would you use for what an offer should be
Taylor v Laird
What is the general rule of terminating an offer
Offers can be withdrawn at any time before being accepted
What case would you use as the general rule of termination
Routledge v grant
What are some situations where an offer can be validly terminated
If its rejected, withdrawn, withdrawn by a 3rd party, reasonable time has passed, counter offer has been made, failure of conditions and death
What case would you use for withdrawn at any time
Routledge v grant
What case would you use for withdrawn by a third party as long as the communication is clear
Dickinson v Dodds
What case would you use for counter offer has been made
Hyde v Wrench
What does counter offer mean
You do not have to accept an offer previously made that was already rejected and they have gone back to it
What case would you use for reasonable time has passed
Ramsgate Victoria Hotel v Montefiore
What case would you use for if the party dies
Reynolds v Atherton
