Offer And Revoction Flashcards
Who is an offeror?
The person making the offer
Who is an offeree?
The person accepting or rejecting the offer
Example of an ambiguous offer (was not an actual offer only may be prepared to offer)
Gibson v Manchester city council
Example of an offer
Storer v Manchester city council
What is the difference between a bilateral and unilateral offer?
Bilateral - an offer made to a specific person
Unilateral -offer made to the ‘whole world’
Example of a unilateral offer
Carlill v carbolic smoke ball
what is an invitation to treat?
giving the invitation to someone to make an offer,
auctions lots are an invitation to treat
Case involving invitation to treat and gaps in the law
In the case of fisher v bell, the goods displayed were an invitation to treat not offers to sell therefore he was not guilty of selling weapons
Case involving a customer picking up items from a shelf
Pharmaceutical society of GB v Boots (Boots case), as the products on the shelf were an invitation to treat not an offer, the offer was made with the pharmacist then there was no offence
What is the rule for advertisment of goods/ services?
Partridge v crittenden
Advertiments are offers to treats not an offer the one buying the goods or service is making the offer
What if there is an offer with terms?
Carlill v carbolic smoke ball
If a unilateral offer with terms it is an offer not just an invitation to treat
When may advertisement be an offer in store
Lefkowitz v great Minneapolis surplus store
As first come first serve they did not have the right to turn away
What are the rules with auction lots?
S.57 sale of goods act 1979
British car auctions v wright
The bidder makes the offer and the auctioneer accepts
As the lots are invitation to treats can’t be held on offering faulty items
What are the 3 main ends of an offer
Acceptance
Refusal
Counter-offer
What happens if a counter offer has been made
Hyde v wrench
If they do not accept the counter offer the offeree cannot go back and accept the previous offer
Request for further information
Stevenson v McLean
Request for further information is not a counter offer so can still accept
Laspe of time
Ramsgate hotel v Montefiore
Due to a lapse of time the offer is no longer suitable to be accepted
Offer and death
Bradbury v Morgan
If the offerors estate can honour the offer it still stands
Revocation of an offer
Routledge v grant
If there has been no acceptance or interest they can revoke before the time
3rd party revocation
Dickinson v Dodds
If a reliable 3rd party is chosen the offer can be revoked
What happens when there is ongoing acceptance
Errington v Errington
If ongoing acceptance can’t revoke
What is the difference between mandatory instruction and directory instructions
Yates v pulleyn
Mandatory must be followed exactly
Directionary must be completed in time frame
Silence and acceptance
Felthouse v bindley
Silence is not acceptance as there has been no communication
Postal rule
Adams v lindsell
As soon as the acceptance is sent in the post it is binding even if not arrived
