Offer Flashcards
(14 cards)
offeror
person making an offer
offeree
person to whom the offer is made
what is an offer
a statement of the terms upon which the person making the offer is willing to enter a contract
starting point of a contract/part of negotiations
must be fully communicated to the offeree
can be:
- written or verbal
- made to a person or to the whole world at large
- made by anyone
what is an invitation to treat
merely an indication if a willingness to start negotiations and is not an offer
preliminary to negotiations
types of ITT
- advertisement in newspaper/magazine (Partridge v Crittenden)
- shop window (Fisher v Bell)
- self service shop
- customer makes offer, shopkeeper decides if to sell (Pharmaceutical Society v Boots) - auction
- bidders make offers, if item sold “without reserve” = unilateral offer and sold to highest bidder (Harris v Nickerson) - request for information
- request/reply not offers, just general enquiry
explain offer
- vending machine
- owner of machine makes offer, buyer accepts (Thornton v Shoe Lane) - giving information is NOT an offer (Harvey v Facey)
- can be a statement of price where an offer is also intended (Biggs v Boyd Gibbins)
- statement is not an offer is the words you use to show uncertainty as to whether there is willingness to make a contract (Gibson v Manchester CC)
explain communication of the offer
offer can’t be accepted unless the person seeking to accept it knows of its existence (Taylor v Laird)
offers to the public at large: unilateral offers
- can be addressed to a gc of people/general public
- accepted when acted upon
can be accepted as long as it is communicated to the individual claiming to accept it (Carlill v Carbolic Smoke Ball)
adverts for unilateral contracts are generally treated as offers
ending an offer
an offer can only be accepted whilst it is open
can be ended:
1. lapse of time
2. revocation
3. rejection
4. counter-offer
5. death of the offeror
6. death of the offeree
ending an offer: lapse of time
(1) lapse of time
- offers made for fixed time period: offer lapses at end
- otherwise ends after reasonable time
- reasonable: depends on circumstances, eg. showed period for something perishable and long period for something large and complex (Ramsgate Victoria Hotel v Montefiore)
ending an offer: revocation
(2) revocation
- offeror can revoke (withdraw) offer at any time before accepted (Routledge v Grant)
- must be communicated to offeree (receive notification of the withdrawal)
- communication of revocation can be via reliable third party (Dickinson v Dodds)
ending an offer: rejection
(3) rejection
- once an offer is rejected it can’t be accepted
- rejection of the offer must be communicated
- attempting to accept the offer after he rejects it is a new offer the other can accept
- rejection must be a clear rejection, not just a request for more information (Stevenson v McLean)
ending an offer: counter offer
(4) counter-offer
- rejects the original offer and created a new offer (Hyde v Wrench)
- commonly takes place during negotiations
- must be communicated to be effective
ending an offer: death of offeror
(5) death of the offeror
- if the offeree knows the offeror has died, the offer will lapse
- probably will not lapse if the offeree is unaware of the death (Bradbury v Morgan)
- fulfilled by person responsible for their affairs
- BUT lapses where an offer requires personal performance by offeror
ending an offer: death of offeree
(6) death of the offeree
- offer lapses and can’t be accepted by representatives
