Offer

Question 1

Advertisements are generally invitations to treat

Answer 1

Partridge v Crittendon

Question 2

Advertisements of auctions are generally invitations to treat

Answer 2

Harris v Nickerson

Question 3

Display of goods for sale is an invitation to treat

Answer 3

Fisher v Bell

Question 4

Display of goods on a shelf is an invitation to treat

Answer 4

Pharmaceutical Company v Boots

Question 5

Advertisement constitutes an offer if the displayer is the manufacturer of the goods

Answer 5

Grainger v Gough (OBITER)

Question 6

Advertisements can be unilateral offers

Answer 6

Carlill v Carbolic Smoke Ball

Question 7

Auctions without reserve are unilateral offers to sell to the highest bidder

Answer 7

Warlow v Harrison

Barry v Davies

Question 8

Auctions with reserve are invitations to treat

Answer 8

Payne v Cave

Question 9

Invitations to tender are invitations to treat

Answer 9

Spencer v Harding

Question 10

Invitations to tender are under no obligation to sell to the highest bidder unless expressly stated

Answer 10

Harvey v Royal Trust Co. of Canada

Question 11

Where parties are invited (known) to tender then there is an obligation to consider the offer

Answer 11

Blackpool & Fylde Aero Club v Blackpool Borough Council

Question 12

Websites are invitations to treat

Answer 12

Argos case

Question 13

Offer may be written/spoken/implied through conduct

Answer 13

Smith v Hughes

Question 14

Must be communicated

Answer 14

Taylor v Laird

Question 15

A counter-offer is an attempt to contract on new terms and terminates the previous offer

Answer 15

Hyde v Wrench

Question 16

Requests for information do not terminate an offer

Answer 16

Stevenson Jacques v Mclean

Question 17

Where the offeror undertakes to keep an offer open for a stipulated period of time in exchange for valuable consideration the offeror must keep the offer open or be in breach of the options contract

Answer 17

Dickinson v Doods

Question 18

An offer can lapse through the a passage of time

Answer 18

Ramsate Victoria Hotel Company v Montefiori

Question 19

Provided the offeree is aware prior to acceptance, the death of the offeror terminate an offer

Answer 19

Bradbury v Morgan

Question 20

Death of an offeree will cause the offer to lapse and cannot be accepted by the offeree’s representatives

Answer 20

Kennedy v Thomaossan

Question 21

Non-fulfilment of a condition will cause acceptance to lapse

Answer 21

Financings v Stimson

Question 22

An offer can be revoked any time before it is accepted

Answer 22

Payne v Cave

Question 23

Revocation must be communicated to the offeree

Answer 23

Byne v Tienhoven

Question 24

Revocation can be communicated by a third party

Answer 24

Dickinson v Dodds

Question 25

Unilateral offers can be revoked any time until the performing act of acceptance is completed

Answer 25

GNR v Witham

Question 26

If the offeree is willing and able to comlpete the performance the oferror must allow them to do so

Answer 26

Errington v Errington & Woods

Question 27

Implied obligation on the part of the offeror not to prevent the condition being completed

Answer 27

Dahlia v Four Millbanks Nominees

Question 28

Shut v USA

Answer 28

Revocation of a unilateral offer has to match the original offer advertisement for notoriety