offer Flashcards
how is an offer defined
an expression of willingness to contract on specified terms and with the intention that it is to become binding as soon as its accepted by the person whom its adressed
what is an offeror
person making the offer
what is an offeree
person recieving the offer
what can an agent do
accept or make an offer on behalf of a party
is an invitation to treat an offer
no
its an invite to begin negotiations
give a case for an offer not capable of acceptance
gibson v manchester city council
what is the genral rule over adverts
they are an invitation to treat as they invite others to make an offer
give a case for the genral rule on adverts
partridge v crittenden
if an advert does make an offer what form will it be in
bilateral
unilateral
whats a bilateral offer
involves a promise made by all parties
whats a unilateral offer
involves promises made by one of the parties with conduct by the other party forming acceptance
give a case for unilateral offer
carlill v carbolic smoke ball co
is the displaying of products on a shelf or in a window an offer
no
its displying to attracts an offer for purchace
give a case for the displaying of an item in a shop window being an invite to treat
fisher v bell
give a case for the displaying of an item on a shelf being an invite to treat
pharmaceutical Soc of GB v Boots
what is the genral rule of auctions
bidders make offers which the auctioner can chose to accept or reject
is an auction an offer
no its an invitation to treat
whats the ruel if an item at an auction is put up for sale ‘without reserve’
treated as a unilateral offer which anyone can accept
give a case for an action item ‘without reserve’
british car auctions v wright
is a request for information an offer
no
its a part of negotiations
give a case for a request for information
harvey v facey
who can make an offer
anyone
can even be done digitaly or by machine
give a case for an offer being done by machine
thornton v shoe lane parking
if an offer is not make by an individual who is it made by
an employee of a business or an agent
give a case for the fact that its not possible to accept an offer ‘in ignorance’
taylor v laird
can an offer be accepted if its no longer open eg accepted by another party
no
if the offer hasnt been comuncialted can it come into existance
no
what ways can an offer terminate
revocation
rejection
lapse of time
death
acceptance
give a case where the offer was withdrawn so it couldnt be accepted
routledge v grant
dickenson v dodds
what happens if a counter offer is made
it destroys the original offer so it can no longer be accepted
give a case for counter offer
hyde v wrench
what happens to an offer after a ‘reasonable time’
it lapses
give a case for an offer lapsing
ramsgate victoria hotel v montefiore
if the offeror dies what must there be for the offer to still be accepted
contract doesnt invlove personal services of the deceased
offeree is ignorant of the death
give a case of the offeree must be ignorant of the offerors death
bradbury v morgan
what will happen to the offer if the offree dies before acceptance
the offer lapses and their personal rep will be unable to accept on their behalf
give a case example for the death of the offeree
Reynolds v atherton
