Offer- cards checked Flashcards

You may prefer our related Brainscape-certified flashcards:
1
Q

Who can make an offer?

A

-A person
-A machine
-An employee
-A business/ organisation

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2
Q

What is meant by an offer?

A

-A statement by one party of willingness to enter into a contract on stated terms if they are accepted by the party.
-An intention to be legally bound.

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3
Q

What are the two types of offer?

A

-Unilateral (everyone)
-bilateral (between 2 parties)

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4
Q

What is meant by an invitation to treat?

A

-Making an invitation to another party to make the offer.
-An expression of willingness to enter into a contract

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5
Q

Partridge V Crittenden?

A

-illegal birds advert.
-advert in magazine an ITT (offer made by buyer).

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6
Q

Carill V Carbolic Smokeball?

A

-Adverts usually ITT unless very clear offer.
-offer of £100 if caught flu.
-Unilateral offer

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7
Q

Pharmaceutical society of GB V Boots?

A

-Goods in a self service store are an ITT not a offer. (displayed medication).
-pharmacist makes decision if it is appropriate to sell when customer makes offer at till.

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8
Q

Fisher V Bell?

A

-flick-knife in window (not allowed).
-display in shop window ITT, customer makes the offer.

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9
Q

Thornton V Shoe Lane Parking?

A

-A ticket from automatic machine an offer- putting money in is acceptance.

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10
Q

Chapelton V Barry?

A

-A pile of deckchairs at beach is an offer that customer could accept.

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11
Q

Harvey V Facey?

A

-A response for a request for information is an ITT not an offer.
-“lowest price £900 acceptable”

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12
Q

Gibson V Manchester CC?

A

-An offer is not an offer unless communicated in definitive terms.
-use of the word ‘may’ was an ITT.

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13
Q

Which case looks at communication?

A

-Carill V Carbolic smokeball (unilateral offer).

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14
Q

What is an auction usually deemed as?

A

-An ITT.
-Offers from bidders
-Acceptance when hammer down.

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15
Q

What two things can an auction be?

A

-‘reserve’
-‘without reserve’

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16
Q

Which cases look at auctions?

A

-Warlow V Harrison.
-BCA V Wright

17
Q

Warlow V Harrison?

A

-‘without reserve’- unilateral offer- auctioneer bound by highest offer.

18
Q

BCA V Wright (wright wright wright, bang bang bang)

A

-The contract only complete when hammer comes down

19
Q

What is meant by a tender?

A

-Where someone invites people to make offers to do a job/ provide goods/services.
-selection of tender is an ITT.
-contractors welcomed to give a quote but only one will be selected.