Offer Flashcards
What is an offer?
Statement of terms upon which the person making the offer is willing to enter the contract - terms which you are prepared to be bound by.
What is an offeror?
Person proposing the offer.
What is an offeree?
The person who can accept/ decline the offer.
What did Gibson v MCC state?
Offer must be clear, communicated and certain. ‘Must/ might’ will not count as a certain offer.
What did Harvey v Facey state?
A request for information and a reply to this request is not an offer.
What is an ITT?
Willingness to negotiate. Inviting offers.
What are the 3 types of ITT?
- Items of display/ on a shelf
- Auctions
- Adverts
What did Fisher v Bell state?
Items of display/ on a shelf. Not an offer but an ITT, as customer is making the offer which the shopkeeper can accept/reject.
Flick knife.
What did BCA v Wright state?
Unfit vechiles - auctioneer making ITT, bidders make offer.
What did Partridge v Crittenden state?
Adverts are an ITT unless;
1. Unilateral contract - terms - Carill v Carbolic Smokeball.
2. Adverts to a specific group.
How will an offer end?
- Acceptance
- Rejection
- Revocation
- Death
- Counter offer
- Lapse of time
What did Dickinson v Dodds state?
Offer can be revoked any time before acceptance, but must be communicated. This can be done by a reliable 3rd party.
What did Stevenson v Mcclean state?
Rejection must be clear, and communicated and not a request for information.
What did Hyde v Wrench state?
Ends the original offer and creates a new one. Any counter offer must be communicated.
What did Ramsgate Victoria Hotel state?
If no specific time, it gives to reasonable length of time.
When does the acceptance end if death?
Offeror dies - Acceptance is valid until offerer knows of death.
Offeree dies, contract ends immediately.
