Offer Flashcards
What is an offer?
An OFFER is a statement of the terms upon which a person is prepared to be bound by a contract.
Who makes an offer?
An offer is made by the offeror to the offeree.
What must happen for an offer to be valid?
An offer must be communicated to the offeree.
(Taylor v Laird)
What is a bilateral offer?
A bilateral offer requires both parties to do something, such as an offer to pay money for goods.
(Taylor v Laird)
Can you give an example of a bilateral offer?
There is a bilateral offer when X offered to sell his coin to Y.
What is a unilateral offer?
A unilateral offer requires just the offeror to do something, such as offering a reward for finding a lost cat.
(Carlill v Carbolic Smoke Ball)
Can you give an example of a unilateral offer?
There is a unilateral offer when X offered a reward for finding their lost pet.
What is an invitation to tender?
An invitation to tender will be classed as a unilateral offer if the lowest/best price/bid is to be accepted or all tenders are to be considered.
(Blackpool Aero Club v Blackpool BC)
Can you give an example of an invitation to tender?
There is an invitation to tender when X asked for bids to build his new house.
What is an invitation to treat?
An invitation to treat is not an offer and cannot be accepted; it indicates a willingness to negotiate.
Can you give examples of invitations to treat?
Examples include advertisements (Partridge v Crittenden), goods on display (Fisher v Bell), and auctions with reserves (British Car Auctions v Wright).
Can you give an example of an invitation to treat?
There is an invitation to treat as X advertised a computer for sale, which is not an offer and cannot be accepted.
What must the offeree provide for an offer to remain open?
The offeree must give consideration to the offeror, such as a deposit.
(Routledge v Grant)
Can you give an example of consideration for an offer?
For the offer to remain open until 5pm, Y must have given consideration, which they did/didn’t here because…
How does an offer usually end?
An offer will usually end with a rejection or an acceptance.
What can also end an offer?
An offer can also end with a counter-offer, revocation, lapse of time, or death.
What is a counter-offer?
A counter-offer is a response that modifies the terms of the original offer.
Example: Hyde v Wrench.
What is revocation in the context of an offer?
Revocation is the withdrawal of an offer before acceptance.
Example: Byrne v Van Tienhoven.
When must revocation be communicated?
Revocation must be communicated before acceptance, either by the offeror or a third party.
Example: Dickinson v Dodds.
What is lapse of time in relation to an offer?
Lapse of time occurs when an offer is not accepted within a specified period.
Example: Ramsgate Victoria Hotel v Montefiore - 4 months.
Can an offer end due to death?
Yes, an offer can end due to the death of the offeror.
Example: Bradbury v Morgan.
What happens with unilateral offers if conduct indicates acceptance?
If conduct indicates acceptance, the offer cannot be revoked if the expected conduct continues.
Example: Errington v Errington and Woods.
What counts as revocation if a party is aware of goods being sold?
If a party is aware that goods have been sold, this also counts as revocation.
