offer Flashcards
Offer
- Offer or invitation to treat 2. How has the offer ended
Offer or invitation to treat - offer
Offer is a proposal showing willingness to a contract on firm and definite terms (Gibson v MCR City \Council). Unilateral (Carllil) or bilateral offer. For a contract to exist one person must make offer+other must accept it. Can be express or implied (Walkie v LPTB). can be made by anyone/machine (Thornton v Shoe \Lane Parking. Not an offer-request for further information (Harvey v Facey).
Offer or invitation to treat - invitation to treat
ITT not an offer but indication to start negotiation, invites another person to make an offer+accepted/rejected (Fisher v Bell). Advertisements-are ITT and not offers (Partridge v Crittenden). Can only be offers if terms are included in adverts (Carlill). Usually occur in a unilateral offer (Lefkowitz v GMS). Auctions-ITT+bids are offers (BCA v Wright)
How has the offer ended
Revocation, Rejection, Counteroffer, Lapse of time, Death
How has the offer ended - Revocation
can be revoked at any time. Any time before acceptance but must be communicated to offeree (Byrne v Van Tienhoven). Even by TP (Dickson v Dodds). Offer cannot be withdrawn if acceptance is an ongoing act (Errington v Errington).
How has the offer ended - Rejection
Of the offeree rejects the offer, it is extinguished. Must be clear and communicated. Acceptance after rejection=fresh start.
How has the offer ended - Counteroffer
Removes original offer. Challenging elements of original offer means original offer ends (Hyde v Wrench) - request for further information is not a counter offer (Stevenson v Mclean), if the counteroffer is rejected by the offeror,then the offeree cannot go back to the original offer.
How has the offer ended - Death
If the offeror has died + contract requires personal performance. If the contract can be performed by another and unaware of death, then hit may be decided the offer has not ended (Bradbury v Morgan).
