Offer cases

Question 1

Case for an instance where offer is not clear or definite in its terms?

Answer 1

Gibson v Manchester City Council - not firm and definite in its proposal.

Question 2

Case for advertisements not being offers?

Answer 2

Partridge v Crittenden - advertisements are usually invitations to treat.

Question 3

What is a unilateral offer?

Answer 3

an agreement to pay in exchange for performance, if the potential performer chooses to act.

Question 4

What is a bilateral offer?

Answer 4

this requires both offeror and offeree to do something. Both parties have obligations.

Question 5

what is a case where an advertisement was an offer? why was it one?

Answer 5

Advertisements that are clear an definite in its terms of an offer are held as unilateral offers that can be accepted by anyone.
Carlill v Carbolic Smoke Ball

Question 6

what is an offer?

Answer 6

starting point for a contract

Question 7

Are goods in a shop window / on display invitations to treat or offer?

Answer 7

Goods on display are invitations to treat, only offer when placed in customer’s basket or at checkout etc.

Question 8

What is a case for goods on display / shop window?

Answer 8

Fisher v Bell - goods on display are invitations to treat

Question 9

How do auctions work regarding invitations to treat and offers?

Answer 9

The item being auctioned off is an invitation to treat, the bidder is the one who makes the offer. Auctioneer bangs hammer to accept offer.

Question 10

What is the case for auctions?

Answer 10

British Car Auctions v Wright - auctioneers could not be prosecuted as item was only invitation to treat, NOT an offer

Question 11

Explain what an information request is with the use of a case.

Answer 11

A request for information and an according response is NOT an offer. As seen in Harvey v Facey, Harvey made an information request asking what the lowest price Facey will take is, Facey responded that the lowest he would go is £900.
This was merely a response to the information request, NOT an offer.

Question 12

Who can make offers?

Answer 12

Anyone, individuals, organizations, even a notice or machine.

Question 13

What is the case for offers being made by notices or machines? Explain how it is an offer.

Answer 13

Thornton v Shoe Lane Parking
Offer made by sign/machine as it dictated the terms, acceptance when user pays

Question 14

What is the case proving that the terms of an offer must be communicated in order for it to be valid?

Answer 14

Taylor v Laird

Question 15

Can offers have time limits? Is there a case for this?

Answer 15

Stevenson v McLean
Offers can have time limits on them
eg. If I make an offer to my friend to sell them my iPhone but ​
state that the same only remains open until 10pm, if they ​
do not accept until 10.01pm then I can refuse the sale.​

Question 16

What are the five ways offers can end?

Answer 16

1) Revocation​
2) Rejection & Counter Offer​
3) Lapse of time​
4) Death​
5) Acceptance​

Question 17

What are the conditions that would legally allow a revocation?

Answer 17

Revocations can be made any time before acceptance, but this must be communicated to the offeree.

Question 18

What is the case for a successful revocation?

Answer 18

Routledge v Grant - effective revocation as time period was established.

Question 19

Does the offeror have to be the one to inform the offerer about the revocation?

Answer 19

The offeror also does not need to be the person to communicate the revocation as long as it is a reliable source (Dickinson v Dodds – a friend of the offeror)​

Question 20

If the offeree rejects the offer, can they accept it at a later date?

Answer 20

No, however, the rejection must be communicated before it takes effect.

Question 21

How is a counter offer more than just a price negotiation?

Answer 21

A counter offer significantly alters the terms of the contract and it rejects the initial offer.

Question 22

What is a case exemplifying how a counter offer ends the original offer?

Answer 22

Hyde v Wrench

Question 23

What is the case for a lapse of time nullifying the offer?

Answer 23

Ramsgate Hotel v Montefiore

Question 24

If there is no specific time limit, how can time be assessed?

Answer 24

The offer will remain open for a reasonable time, eg. if an offer was accepted months later when circumstances had changed i.e deflation then offer can be held as having lapsed.

Question 25

How can offers still be accepted after offerors’ death?

Answer 25

When an offeror dies, acceptance can still take place until the offeree learns of the death.