Offer Flashcards
Difference between offer and invitation to treat
Offer has the capability of being accepted
Define an offer
An offer is an expression of willingness to contract on specified terms made with the intention that it is to become binding as soon as accepted
Pharmaceutical society of GB v boots cash chemists
Invitation to treat- offer took place at cash desk so not a breach of pharmacy and poison act
Offer can be made
Expressly or by conduct
Advertisements
Invitation to treat generally - partridge v crittenden, selling bird is a crime under protection against birds act. No an offer as not to everyone, limited amount of birds
Features of an offer
Intention to be bound
If intention is unclear look at stereotypical situations
Sufficient terms upon which create a contract
Tenders
Harvest v royal trust of Canada, bound to accept highest offer, 2nd offer was 101.000 more than higher
Required to accept first
Conforms to a unilateral contract
Acceptance is defined as
A final and unequivocal expression of assent to the terms proposed
Counter offers
Stevenson v McLean
Silence?
Cannot impose obligations on offerer by use of silence
Felthouse v bindley
Method may be described
Mandatory or directory
You must or please reply
Example of prescribed mode of acceptance
Yates v pulleyn Buy building plots Recorded delivery However sent ordinary Just as good
Postal rule
Henthorn v fraser
Behead to lpool
Postal does not apply if leads to inconvenience
Holwell securities v Hughes
Lette never arrived
Unilateral contract revocation
Errington v Errington
House for son and daughter in law
