Offer Flashcards
What is an offer?
The starting point of a contract that must be definite in its terms
What was held in Gibson v Manchester City Council?
The council’s letter was an invitation to treat and not an offer as it included misleading words
What is an ‘invitation to treat’ used for?
An invitation to make an offer and not an actual offer
What was held in Partridge v Crittenden?
The advertisement was an invitation to treat and not an actual offer
What is a bilateral contract?
Both the offeror and the offeree fulfil an obligation. It is an exchange of mutual promises
What is a unilateral contract?
An agreement to pay in exchange for performance. The performer chooses to act and is not obliged to act
What was held in Carlill v Carbolic?
The contract was unilateral as Carlill did get the flu and the court awarded her the £100 that was promised in the advertisement
What were Parker LJ’s remarks in Fisher v Bell?
“The display of an article with a price on it in a shop window is merely an invitation to treat”
What was held in Pharmaceutical Society of Great Britain v Boots?
Boots were not liable as the offer to purchase controlled drugs was made at the till where the chemist could approve acceptance
Why is a shop not obliged to sell goods to a customer?
Without presenting the goods at the counter for an offer, acceptance of the contract would be hard to control
What was held in British Car Auctions v Wright?
There was no offer, the offering of a car at auction is an invitation to treat
Who can an offer be made by?
An individual or a business, a notice or a machine
Who can an offer be made to?
An individual or to a population at large
What was held in Thornton v Shoe Lace Parking?
The offer was made by a ticket machine and the putting of the money into the machine was an acceptance of the contract
What was held in Harvey v Facey?
Asking for the “lowest price” to buy a farm was a request for information and not an offer when Facey responded
