Offer

Question 1

Pharmaceutical society v boots

Answer 1

POL- invitation to treat
-contract formed when good are presented at desk not on shelf

Question 2

Patridge v Crittenden

Answer 2

POL- invition to treat
- advertisement of Bramblefich cocks and hens at £25s each, was an invitation to treat

Question 3

Payne v case

Answer 3

POL- auction request for bids is an invitation
-sales goods act 1979, invitation can be withdrawn prior to hammer falling

Question 4

Harris v Nickerson

Answer 4

POL- invitation to treat
-withdraw of furniture from auction in catalogue cannot sue for breach.

Question 5

Barry v Heathcote ball

Answer 5

bid two lots of £200 , was worth £14000, auctioneer withdrew and sold privately.

Question 6

Fisher v Bell

Answer 6

POL- display of goods
- flickife in window
-invitation to treat but not an offer till customer comes to pay

Question 7

Harvey v Facey

Answer 7

POL- statement of minimum price is not an offer
-facey had written lowest price acceptable to sell farm for £900

Question 8

Carlill v Carbolic smoke ball co

Answer 8

POL-mere statement of price is not a binding factor
-smoke ball advertised with promises
- if they get flu would get £100
-miss got flu, help promise and was accepted when used it

Question 9

Taylor v Laid

Answer 9

POL- offer must be communicated to the offeree
-Taylor gave up company of ship, worked as crew, claim for wages failed , ship owner had no communication of offer.

Question 10

Inland Revenue v Fry

Answer 10

POL- offered must have knowledge of offer to be valuable
- cheque for £10000, to clear £13000 debt, cashed un as IR, IR over phone for an extra £3000, no knowledge of cash dumped so no acceptance

Question 11

Guthing V Lynn

Answer 11

POL- terms of an officer must be certain
-promised to pay £5 or more if the horse us luck-too vague to enforce

Question 12

Routledge v Grant

Answer 12

POL- can withdraw an offer at ant point before its accepted
- grant offered house for sale with understanding the offer would remain open for 6 weeks, toom of the market 6 weeks before, legitimate.

Question 13

Bryne v Van Tienhoven

Answer 13

POL- offeror must communicate the withdrawal
-VT withdraws offer by 8th oct, B accepts 11oct , 15 oct confirmed in writing, 2oth oct receives Vt letter of withdrawal
-was invalid as received after B acceptance

Question 14

Dickson v Dodds

Answer 14

POL- communication of withdrawal can be by a reliable third party
-berry acquaintance on whom they could both rely withdrew offer- legitimate

Question 15

Errington v Errington woods

Answer 15

POL- unilateral offer cannot be withdrawn while the offeree is performing
-father promidrd house to son if morage payments are paid off
- father died, family wanted house, reamins with son if he pays mortage

Question 16

Ramsgate Victoria hotel v Montefiore

Answer 16

POL- termination of offer by acceptance , refused eg with counter offer , withdrawal or time lapsed
- M offered to buy shares in June , issued in November held the offer to buy had lapsed.