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law paper 4 > offer > Flashcards

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
Q

give a case for the fact that its not possible to accept an offer ‘in ignorance’

A

taylor v laird

26
Q

can an offer be accepted if its no longer open eg accepted by another party

A

no

27
Q

if the offer hasnt been comuncialted can it come into existance

A

no

28
Q

what ways can an offer terminate

A

revocation
rejection
lapse of time
death
acceptance

29
Q

give a case where the offer was withdrawn so it couldnt be accepted

A

routledge v grant
dickenson v dodds

30
Q

what happens if a counter offer is made

A

it destroys the original offer so it can no longer be accepted

31
Q

give a case for counter offer

A

hyde v wrench

32
Q

what happens to an offer after a ‘reasonable time’

A

it lapses

33
Q

give a case for an offer lapsing

A

ramsgate victoria hotel v montefiore

34
Q

if the offeror dies what must there be for the offer to still be accepted

A

contract doesnt invlove personal services of the deceased
offeree is ignorant of the death

35
Q

give a case of the offeree must be ignorant of the offerors death

A

bradbury v morgan

36
Q

what will happen to the offer if the offree dies before acceptance

A

the offer lapses and their personal rep will be unable to accept on their behalf

37
Q

give a case example for the death of the offeree

A

Reynolds v atherton

law paper 4 (5 decks)

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