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.
