Offer And Acceptance Evaluation Flashcards
What is an offer?
“A statement of intent to be legally bound by the terms of the offer if accepted”
What’s the case for goods in a shop window?
Fisher v Bell
Point one?
The confusion between an offer and an invitation to treat
Reform for point one?
All ITTs should be treated as offers so the law mirrors the public’s belief in the situation.
Point two reform?
The law commission suggested in 1975 that an offer, if said to be open for a fixed period, must remain open for acceptance for that period.
Point three?
The acceptance must be communicated
Point two?
An offer may be legally withdrawn even within a stated period
Case for point two?
Routledge v Grant
Case for point three?
Felthouse v bindley
Point five?
Confusion between counter-offers and requests for information
Case for point five?
Counter offer: Hyde v wrench
Request for information: Stevenson v McLean
Reform for point five?
To create consistency, the law could be that a counter-offer would have no effect on the original offer[s] and negotiations would continue, both parties knowing the original offer[s] still existed
Point four?
The difficulties created by the ‘postal rule’
