Offer And Revoction

Question 1

Who is an offeror?

Answer 1

The person making the offer

Question 2

Who is an offeree?

Answer 2

The person accepting or rejecting the offer

Question 3

Example of an ambiguous offer (was not an actual offer only may be prepared to offer)

Answer 3

Gibson v Manchester city council

Question 4

Example of an offer

Answer 4

Storer v Manchester city council

Question 5

What is the difference between a bilateral and unilateral offer?

Answer 5

Bilateral - an offer made to a specific person
Unilateral -offer made to the ‘whole world’

Question 6

Example of a unilateral offer

Answer 6

Carlill v carbolic smoke ball

Question 7

what is an invitation to treat?

Answer 7

giving the invitation to someone to make an offer,
auctions lots are an invitation to treat

Question 8

Case involving invitation to treat and gaps in the law

Answer 8

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

Question 9

Case involving a customer picking up items from a shelf

Answer 9

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

Question 10

What is the rule for advertisment of goods/ services?

Answer 10

Partridge v crittenden
Advertiments are offers to treats not an offer the one buying the goods or service is making the offer

Question 11

What if there is an offer with terms?

Answer 11

Carlill v carbolic smoke ball
If a unilateral offer with terms it is an offer not just an invitation to treat

Question 12

When may advertisement be an offer in store

Answer 12

Lefkowitz v great Minneapolis surplus store
As first come first serve they did not have the right to turn away

Question 13

What are the rules with auction lots?

Answer 13

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

Question 14

What are the 3 main ends of an offer

Answer 14

Acceptance
Refusal
Counter-offer

Question 15

What happens if a counter offer has been made

Answer 15

Hyde v wrench
If they do not accept the counter offer the offeree cannot go back and accept the previous offer

Question 16

Request for further information

Answer 16

Stevenson v McLean
Request for further information is not a counter offer so can still accept

Question 17

Laspe of time

Answer 17

Ramsgate hotel v Montefiore
Due to a lapse of time the offer is no longer suitable to be accepted

Question 18

Offer and death

Answer 18

Bradbury v Morgan
If the offerors estate can honour the offer it still stands

Question 19

Revocation of an offer

Answer 19

Routledge v grant
If there has been no acceptance or interest they can revoke before the time

Question 20

3rd party revocation

Answer 20

Dickinson v Dodds
If a reliable 3rd party is chosen the offer can be revoked

Question 21

What happens when there is ongoing acceptance

Answer 21

Errington v Errington
If ongoing acceptance can’t revoke

Question 22

What is the difference between mandatory instruction and directory instructions

Answer 22

Yates v pulleyn
Mandatory must be followed exactly
Directionary must be completed in time frame

Question 23

Silence and acceptance

Answer 23

Felthouse v bindley
Silence is not acceptance as there has been no communication

Question 24

Postal rule

Answer 24

Adams v lindsell
As soon as the acceptance is sent in the post it is binding even if not arrived