Offer Flashcards
What is the difference between an offer and invitation to treat?
An offer incorporates all terms of the contract and can be accepted by merely saying “yes”
Invitation to treat is preliminary negotiations which are open and not binding
Pharmaceutical Society of Great Britain v Boots Cash Chemist
Facts: • Boots allowed customers to pick up medications in breach of statute
• new self service meant customers could pick up medications without authorisation from a pharmacist
• C argued contract was made when customer put item in the basket
• Customers couldn’t leave without passing a cash deal with an assistant who would summon a pharmacist
Judgment:
L.P: • Held that no contract formed by customer picking up the medication
•Offer was made by customer to cashier who then accepted after being checked by a pharmacist therefore not breaching statute
Fisher v Bell
Facts: • D displayed a flick knife in his shop window with a price attached
• Police alleged this to be an offer to sell and in breach of statute
Judgment: Claim failed
L.P: •Held no Offer was made in the window, merely invitation to treat
• Shopkeeper couldn’t be expected to be offering knives to everyone who saw it
Partridge v Crittenden
Facts: • D made an advert for the sale of bramblefinches
• D wrote a letter with a cheque asking to buy one
• Unlawfully selling these birds breached statute
• D stated his advert was merely invitation to treat rather than an offer
Judgment: Claim failed
L.P: •Not an offer as cannot be expected to sell birds to everyone
•limited stock argument
Carlill v Carbolic Smoke Ball
Facts: • D issued an advert stating anyone who purchases and uses their ball and still catches influenza would receive £100
• They also placed £1000 in bank as a show of sincerity
• C purchased a ball, used it but still caught influenza
• Company argued no contract
Judgment: Claim succeeded
L.P: • Intent to contract visible
• Court held a unilateral offer had been made and C accepted through conduct
Lefkowitz v Great Minneapolis Surplus Store
Facts: • D placed an advert in a Newspaper stating “Saturday 9AM sharp 3 brand new fur coats worth up to $100 first come first serve $1 each”
•C turned up and was refused a coat
•Following week advertisement appeared again and C went again
• C was refused again based on a house rule to only sell to women
Judgment: Claim succeeded
L.P: • All factors included in offer so not invitation to treat
•American case so not binding
