Theory-Offers and Acceptance

Question 1

1st problem with the rules around an offer.

Answer 1

1. Distinction between an offer and an invitation to treat is not always clear.

Question 2

Why can a distinction between an offer and an ITT not always be clear?
Refer to cases

Answer 2

No clear rule as to when an advertisement has detailed specifics.
Partridge v Crittendon
Carbolic Smoke Ball Co.

Question 3

2nd problem with the rules around an offer.

Answer 3

2. Fisher v Bell-Justification for the decision is freedom of contract-if the item in the shop window was an offer, the owner would be obliged to sell it to anyone who came into the shop. If the customer was underage, this would mean committing a crime.

Question 4

3rd problem with rule around an offer.

Answer 4

3. In everyday life and business people use the work “offer” to describe both legal offers and ITTs since ITT is only understood by lawyers-Law should be clear.

Question 5

4th problem with the rule around an offer.

Answer 5

4. Argument could be made that the concept of ITT should be abolished and there should be merely offers to avoid confusion.

Question 6

Why can ITTs not arguably be abolished?

Answer 6

Would cause problems for people selling finite resources

Question 7

2 problems with acceptance.

Answer 7

1. Postal rule is arguably unfair on the offeror.
2. Courts have been reluctant to apply the postal rule to modern technologies-this has meant a lack of clarity in the law.