Offer Flashcards
To whom can an offer be made?
To the whole world
Carlill v Carbolic Smoke Ball Co [1893]
Difference between ITT and an offer
An offer will form a contract the moment it is accepted. An ITT is a precursor to an offer, almost like a negotiation stage.
Gibson v Manchester City Council [1979]
ITT led to an offer made by Gibson but was never accepted and therefore no contract was made. Council never stated the mortgage, council showed willingness but here was no specificity. Could not have accepted something that did not have half the terms on.
Storer v Manchester City Council [1974]
Specific terms, only thing missing was the date.
Advertisements
These are ITT, except when the advert states serious intent to cause legal relations as in Carlill, in which they become an offer in which to enter a unilateral contract.
Partridge v Crittenden [1968]
Carlill v Carbolic Smoke Ball Co [1893]
Shop windows
Fisher v Bell
Goods displayed are ITT
Shop shelves
Pharmaceutical Society of Great Britain v Boots Cash Chemists [1953]
Goods on display are ITT until brought to the cash register.
Automatic Machines
Thornton v Shoe Lane Parking [1971] 2 QB 163
O&A takes place when customer pays for ticket and machine spits ticket out.
Websites Electronic Commerce (EC Directive) Regulations 2002 (SI 2002/2013)
Article 11 requires provider to acknowledge receipt of order, providing protection for the consumer so they don’t buy by accident. States confirmation cannot be acceptance.
Auctions
Auctions are ITT until the hammer hits. The lot itself with the auctioneer’s request for bids is an ITT.
Payne v Cave – ‘Sale by auction complete when auctioneer announces completion by fall of the hammer, until the announcement is made any bidder may retract his bid.’
Sale of Goods Act 1979, s 57(2)
Follows the principle stated in Obiter in Harris v Nickerson (1873) – where auction is ‘without reserve’ this equates to an offer to sell to the highest bidder which is accepted by the submission of the highest bid.
Auctions and Collateral Promises
Barry v Davis
1st promise – I will sell without reserve to the highest bidder.
2nd promise – Auctioneer’s promise to sell to whoever is the highest bidder no matter the price.
Invitations to Tender
Spencer v Harding
Normally ITT so person making the invitation to tender is not bound to accept any offer/tender made to them.
Harvela Investments Ltd v Royal Trust Company of Canada (CI) Ltd [1986]
Referential bids are invalid.
Blackpool and Flyde Aero Club v Blackpool Borough Council
Parties issuing invitations to tender must consider any offer as long as it is properly submitted before the deadline.
