offer Flashcards

1
Q

how is an offer defined

A

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

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2
Q

what is an offeror

A

person making the offer

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3
Q

what is an offeree

A

person recieving the offer

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4
Q

what can an agent do

A

accept or make an offer on behalf of a party

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5
Q

is an invitation to treat an offer

A

no
its an invite to begin negotiations

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6
Q

give a case for an offer not capable of acceptance

A

gibson v manchester city council

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7
Q

what is the genral rule over adverts

A

they are an invitation to treat as they invite others to make an offer

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8
Q

give a case for the genral rule on adverts

A

partridge v crittenden

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9
Q

if an advert does make an offer what form will it be in

A

bilateral
unilateral

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10
Q

whats a bilateral offer

A

involves a promise made by all parties

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11
Q

whats a unilateral offer

A

involves promises made by one of the parties with conduct by the other party forming acceptance

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12
Q

give a case for unilateral offer

A

carlill v carbolic smoke ball co

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13
Q

is the displaying of products on a shelf or in a window an offer

A

no
its displying to attracts an offer for purchace

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14
Q

give a case for the displaying of an item in a shop window being an invite to treat

A

fisher v bell

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15
Q

give a case for the displaying of an item on a shelf being an invite to treat

A

pharmaceutical Soc of GB v Boots

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16
Q

what is the genral rule of auctions

A

bidders make offers which the auctioner can chose to accept or reject

17
Q

is an auction an offer

A

no its an invitation to treat

18
Q

whats the ruel if an item at an auction is put up for sale ‘without reserve’

A

treated as a unilateral offer which anyone can accept

19
Q

give a case for an action item ‘without reserve’

A

british car auctions v wright

20
Q

is a request for information an offer

A

no
its a part of negotiations

21
Q

give a case for a request for information

A

harvey v facey

22
Q

who can make an offer

A

anyone
can even be done digitaly or by machine

23
Q

give a case for an offer being done by machine

A

thornton v shoe lane parking

24
Q

if an offer is not make by an individual who is it made by

A

an employee of a business or an agent

25
give a case for the fact that its not possible to accept an offer 'in ignorance'
taylor v laird
26
can an offer be accepted if its no longer open eg accepted by another party
no
27
if the offer hasnt been comuncialted can it come into existance
no
28
what ways can an offer terminate
revocation rejection lapse of time death acceptance
29
give a case where the offer was withdrawn so it couldnt be accepted
routledge v grant dickenson v dodds
30
what happens if a counter offer is made
it destroys the original offer so it can no longer be accepted
31
give a case for counter offer
hyde v wrench
32
what happens to an offer after a 'reasonable time'
it lapses
33
give a case for an offer lapsing
ramsgate victoria hotel v montefiore
34
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
35
give a case of the offeree must be ignorant of the offerors death
bradbury v morgan
36
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
37
give a case example for the death of the offeree
Reynolds v atherton