Week 4 - The Offer Flashcards
Define an offer
Offeror proposes a set of terms to offeree, with a promise to be bound by stated terms if the offeree accepts them
Who can an offer be to?
One person or the whole world
What is another term for invitation to treat?
Invitation to negotiate
Define an invitation to treat
A signal that you are ready to start receiving offers - NOT that you’re definitely going to sell that item or do that service. It is a negotiation
What are some examples of invitations to treat?
- advertisements
- goods displayed in shop
- goods displayed on shelf
- auctions
- tenders
- statements of price in negotiations
Case example of an advertisement being an invitation to treat
Partridge v Crittenden (1968) - man advertising bramble finches
Case example of goods in a shop being an invitation to treat
Fisher v Bell (1961) - flick knife for sale in window with price tag on
Case example of display of goods on shelf being an invitation to treat
Pharmaceutical Society (GB) v Boots (1953) - customer has to bring med to counter where pharmacist is
Case example of auctions being an invitation to treat
Payne v Cave (1789) - revoking offer before hammer put down
Case example of statements of price in negotiations being an invitation to treat
Harvey v Facey (1893) - a mere statement of the price you are willing to accept is not you offering at that price
Which invitation to treat example can be an exception?
Adverts are not always invitations to treat
