Offer & Acceptance Flashcards
Define what an offer is
A statement of intent by the offerer (the person making the offer) to be legally bound by the terms of the offer if it’s accepted
Offers must be ____ in their terms
Definite
When will offers come into existence?
- when its communicated to the offeree & requires the offeree to know of existence of offer
What is a bilateral contract
Obligation on BOTH parties to do something (e.g pay the price of goods bought)
what is a unilateral contract
obligation on only the offeree to do something (e.g rewards, insurance promises)
Name the two cases for offers being definite in their terms
Guthing v Lynn
Gibson v Manchester CC
What is an invitation to treat
an indication that one person is willing to negotiate a contract with another, but that he or she is not yet willing to make a legal offer
List 4 invitations to treat
- advertisements
- goods in a shop window/floor
- auction
- request for info
when is an advertisement considered an offer?
adverts which have a clear offer attached create a unilateral contract - offeree is bound to this obligation if an offeree accepts.
Key case for advertisements
Partridge v Crittenden
2 Key cases for goods in a shop window/floor
- Fisher v Bell
- Pharmaceutical Society of GB v Boots
Key case for auction
British Car Auctions v Wright
Key case for request for info
Harvey v Facey
Key case for adverts which have a clear offer attached
Carlill v Carbolic
Main facts Partridge v Crittenden
where it meant that no contract could be made yo sell the birds as there was no offer since it was advertised
