Offer (Paper 3-Section B Topics 1-4)

Question 1

Define Offer

Answer 1

‘A statement of the terms upon which the person making the offer is willing to enter the contract.’

Question 2

Define Offeree

Answer 2

The person who the offer is being made to.

Question 3

Define Offeror

Answer 3

The person who makes the offer

Question 4

The words of an offer must be what?

Answer 4

Certain

Question 5

Give the held for: Gibson v MCC

Answer 5

MCC hadn’t made an offer as the words suggesting purchase was possible were not definite.

Question 6

Who can make an offer?

Answer 6

Anyone including individuals and business.
Offers can be made by notice or at a machine.

Question 7

Give the held of: Thornton v Shoe Lane Parking

Answer 7

C accepted the terms of the contract by purchasing a ticket, so was bound by the terms- the clam was unsuccessful.

Question 8

How long does an offer last?

Answer 8

The offer is open once it is communicated so can only be accepted whilst it is open; time may be specified in some contracts.

Question 9

Give the held of: Taylor v Laird

Answer 9

The C was entitled to nothing as no offer was communicated to the employer.

Question 10

Give the held of: Stevenson v McLean

Answer 10

There was a breach of contract as the offer wasn’t effectively revoked.

Question 11

Define an invitation to treat (ITT)

Answer 11

ITT is an indication that the person is willing to negotiate a contract- it cannot be accepted.

Question 12

Is an advert an ITT?

Answer 12

Yes- unless it is obvious that an offer as indicated.

Question 13

Giver the held of: Partridge v Crittenden

Answer 13

This was an ITT, not an offer- the offer is made by the person responding to the advert.

Question 14

Give the held of: Carlill v Carbolic Smokeball Co.

Answer 14

The Smokeball Company made an offer and were liable as depositing money into an account in preparation for claims evidenced this.

Question 15

Are shop windows an ITT?

Answer 15

They are an ITT - sellers are not obligated to sell items to customers e.g. alcohol.

Question 16

Give the held of: Fisher v Bell

Answer 16

This was an ITT so the shop keeper wasn’t guilty of an offence.

Question 17

True or False: Items on a shop shelf are NOT an ITT

Answer 17

False- they are an ITT, the customer is making the offer when they take the item to the checkouts. The hop has the ability to accept/decline the offer.

Question 18

Give the held of: PSGB v Boots

Answer 18

Boots were not liable. The offer was made by the customer when they took the item to the till.

Question 19

Are auctions an ITT?

Answer 19

Yes- the bidder makes an offer and this offer isn’t accepted until the auctioneer bangs the hammer.

Question 20

Give the held of: BCA v Wright

Answer 20

This wasn’t an offer, it was an ITT so the prosecution failed.

Question 21

Give the held of: Harvey v Facey

Answer 21

No contract was made as when replying, Facey was replying to the request of information.

Question 22

How can an offer end?

Answer 22

Revocation
Rejection
Lapse of Time
Death
Acceptance

Question 23

How can an offer end through Revocation?

Answer 23

An offer can be revocated at any time before acceptance. It must be communicated by the offeror or by a reliable 3rd party to the offeree for revocation to be effective (Routledge v Grant).

Question 24

Give the held of: Rutledge v Grant

Answer 24

An effective revocation took place even though it was within the 6 week period; the offer ended so it could not be accepted.

Question 25

How can an offer end through Rejection?

Answer 25

Once an offer is rejected it can’t be accepted by the person rejecting the offer. A counter offer is a rejection of an offer.

Question 26

How can an offer end through a Lapse of Time?

Answer 26

Offer can come to an end once a fixed period expires there is no offer to accept.

Question 27

How can an offer end through Death?

Answer 27

If the OFFEREE dies the offer ends and those dealing with his estate cannot accept on his behalf, however, executors/administrators can make a new offer.

If the OFFEROR dies, acceptance can still take place until there is a knowledge of the death.

Question 28

How does an offer end through Acceptance?

Answer 28

Once an offer is accepted there is an agreement and assume the other essential features of a valid contract have been fulfilled; there is a legally binding contract.