Offer

Question 1

Pharmaceutical Society v Boots

Answer 1

Contract formed when goods presented at cash desk

Question 2

Payne v Cave

Answer 2

Auctioneers requests for bids is an ITT
(S.57 sale of goods acts 1979 confirms it)

Question 3

Fisher v Bell

Answer 3

Display of goods is an invitation to treat
(Flick knife in shop window)

Question 4

Harvey v Facey

Answer 4

Statement of minimum price, party may be willing to sell, is not an offer
(written lowest price sell farm £900)

Question 5

Carlill v Carbolic Smoke Ball co

Answer 5

Promise was held an offer, conduct showed her acceptance
(promised if used and got flu, would pay £100)

Question 6

Taylor v Laird

Answer 6

Claim failed due to no communication of offer
(gave up captaincy of ship, claim for wages failed)

Question 7

Inland Revenue v Fry

Answer 7

Offeree must have knowledge of offer to be valid
(cheque send to clear debt, no acceptance)

Question 8

Gutting v Lynn

Answer 8

Terms of an offer must be certain
(promise to pay £5 more if ‘horse is locky’ - too vague

Question 9

Routledge v Grant

Answer 9

Can withdraw an offer at any point before acceptance
(took house off market 6 weeks before)

Question 10

Dickson v Dodds

Answer 10

Communication of withdrawal can be by reliable third party
(Acquaintance, whom they both could rely on, withdrew offer) - Legitimate

Question 11

Errington v Errington & Woods

Answer 11

Unilateral offer cannot be withdrawn while the offeree is performing
(father promise give house to son, father died, house remains with son)

Question 12

Ramsgate Victoria Hotel v Montefiore

Answer 12

Termination of offer, by acceptance, refused (eg: counter-offer / lapsed / withdrawal)
(M offered to buy shares in June, issued in Nov - offer lapsed)

Question 13

Partridge v Crittenden

Answer 13

Advertisement of Bramblefinch cocks + hens was an invitation to treat
Not an offer