Offer, Acceptance, ITT

Question 1

ITT

Answer 1

Definition:
- An invitation to a part to make an offer

A01:
- Goods on a display in a shop (Boots pharmacy)
- Goods on display in a window ( Fisher v Bell)
- Advertisements and price lists (partridge v Crittenden)
- Lots at an auction (British car auctions v Wright)

Question 2

Offer

Answer 2

Definition:
- A statement of terms which the person is prepared to be bound to
Types of offers:
- Bilateral, both parties promise something to each other
- Unilateral, One part makes a promise and the offeree is required to perform an action in order to accept

A01:
Rules of an offer:
-Offer must be certain (Gibson v Manchester)
-Offer must be communicated (Taylor v Laird)
-Offer can be made to one person or the whole world (Carbolic smoke ball co)
-Offer can be made by notice or machine (Thorton v Shoe lane parking)

Revocation:
- Offer can be revoked anytime before acceptance (Routledge v Grant)
- Can be done through a reliable third party (Dickinson v Dodds)
-Revocation must be communicated before effect of the offer ( Byre & co v Leon)
- A unilateral offer cannot be revoked once performance has started (Etherington v Etherington)
- An offeree can make a collateral contract ( only to sell to one specific person)

Termination:
- An offer can be terminated if it is accepted or withdrawn before your acceptance
- If a contract has a fixed time of being open and is lapsed
- If a contract doesn’t t have a fixed times it ends when a reasonable time has lapsed (Montefiore)
- A counter offer destroys the original offer (Hyde v Wrench)
- The offeror dies

Question 3

Acceptance

Answer 3

Rules of acceptance:
- Acceptance of all terms of the offer
- Must be communicated by writing, words or conduct (Yates v Pullen)
- Silence cannot amount to acceptance (Felthouse v Bindley)

Ways of acceptance:

• Conduct:
  > Required by unilateral offers
  > May take place before acceptance is formally agreed (Reville)
• Postal rules:
  > Post is the accepted method of communication
  > Letter is properly addressed and stamped
  > Offeree can prove postage
  > Acceptance is taken once letter is posted not received (Adams v Lindsell)
• Electronic means:
  > Acceptance is effective once offeror knows about it
  > Out of hours messages are effective once the office reopens (Brinkibon Ltd)
• Distance selling:
  > Consumer protections Reg 2000, if key info is omitted, contract is not formed even with acceptance
  > Article 11 ECD Regs 2002, acceptance valid at dispatch
  > Consumer contracts regs 2003, consumer can revoke offer within 14 days of acceptance in distance selling