Offer

Question 1

Hillas v Arcos (1932)

Answer 1

• Clearly stated terms
• Wood contract with vague terms

Can be readily gleaned from previous business dealings of parties and nature of the relevant trade

Question 2

Guthing v Lynn (1831)

Answer 2

• Clearly stated terms
• Extra £5 if horse is lucky

Statement too vague to comprise a valid offer

Question 3

Fisher v Bell (1961)

Answer 3

• Invitation to treat
• Shop window

Customers make offer, Seller decides if they want to accept; if they do does any contract result

Question 4

Pharmaceutical Society (GB) v Boots Cash Chemists (Southern) Ltd (1953)

Answer 4

• Invitation to treat
• Displayed on shelf

Customer makes offer when presenting goods at checkout

Question 5

Partridge v Crittenden (1968)

Answer 5

• Invitation to treat
• Advertisement in papers/magazines

Offers came from those responding and asking to buy the birds

Question 6

Lefkowitz v Great Minneapolis Surplus Store (1957)

Answer 6

• Offer
• Advertisement of fur coat

Acceptance of offer if they followed the instructions of advertisement

Question 7

Harvey v Farcey (1893)

Answer 7

• Statements made in negotiation
• Asked price of land advertised for sale

Statement of price merely negotiation and not a valid offer

Question 8

Carlill v Carbolic Smoke Ball (1893)

Answer 8

• Offer must be communicated
• Smoke ball, Unilateral offer by manufacturers to world at large

Anyone who knew of it and performs the necessary actions can accept

Question 9

Bowerman v ABTA (1996)

Answer 9

• Offer must be communicated
• Notices on wall of travel agency considered offer

Acceptance by the act of booking a holiday with this agency by a client

Question 10

Hyde v Wrench (1840)

Answer 10

• Counter-offer
• sell farm

Counter-offer is contractually a new offer. Cannot revive original offer

Question 11

Ways an offer can be terminated

Answer 11

Acceptance
Refusal
Counter-offer
Lapse of time
Death
Revocation
Failure of a precondition

ARC LDR Fail