Offer Flashcards
Define ‘offer’
A statement of willingness to a contract with the intention that a binding agreement will occur
Gibson v Manchester City Council
An offer must be certain - words much as ‘might’ would indicate an invitation to treat
An offer may be express or implied from contract - case?
Felthouse v Bindley
What did Lord Denning outline?
Anyone, including notices and machines can make offers
Thornton v Shoe
The machine constituted an offer when the ticket was issued
Offers can be made to the whole world and anyone can accept
Carlil v Carbolic Smoke
How can an offer come to an end? - revocation
Bryne v Van Tienhoven ; there was a binding contract, the offer was accepted by the claimant before he had recieved communication of the revocation
How can an offer come to an end? - Lapse of time
Ramsgate Victoria hotel v Motefiore —- Offers will expire at the end of the time stated for the lapse or after reasonable time passes
How can a offer end? - death (if the offeror dies)
Acceptance can still take place until the offeree learns of the offeror’s death
If the offeree dies?
The offer ends and her executors and administrators of her estate cannot accept on her behalf - they can make a new offer
Exception to the death rule
Performance of personal service eg; personal tuition
How can an offer end - rejection
Stevenson v Mclean – there was a binding contract. the claimant’s reply was not a counter-offer but request for more information
How can an offer end - counter offer
Hyde v Wrench ; no contract, original offer of £1,000 was killed off by the £950 offer, therefore there was no breach
What is the postal rule?
When an offer is accepted by post, the parties to the agreement are legal bound, as soon as the letter accepting the offer is posted, regardless whether the letter is later received by the offeror or not
