Offer

Question 1

What is an offer?

Answer 1

An expression of willingness to contract on specified terms

Question 2

What is an offer not?

Answer 2

An invitation to treat

Question 3

What are examples of invitations to treat?

Answer 3

Shop display/self service
Advertisements
Statements of price
Auctions

Question 4

Pharmaceutical Society of Great Britain v Boots

Answer 4

Self service/shop displays being an invitation to treat

Question 5

What happened in the case of Pharmaceutical Society of Great Britain v Boots?

Answer 5

C moved the format of the shop to self service so purchasers would pick up their own medicine
Charged under S18 of the Drugs and poisons act which states that drugs should be dispensed by a pharmacist

Question 6

Outcome of Pharmaceutical Society of Great Britain v Boots?

Answer 6

The court held the had not token the law as the purchaser made the offer when they present the medicine at the cash desk
Whilst it is on display it is an invitation to treat
Acceptance is made my cashier

Question 7

Partridge v Crittenden

Answer 7

Advertisements are an invitation to treat

Question 8

What happened in the case of Partridge v Crittenden?

Answer 8

D advertised birds in a newspaper. He was prosecuted under the Protection of Birds act for ‘offering the sale’ of birds

Question 9

What was the outcome of Partridge v Crittenden?

Answer 9

His conviction was quashed on appeal because they declared it was an expression of willingness to receive offers. Not an actual offer, therefore it’s an invitation to treat

Question 10

Exception related to advertisements…

Answer 10

If an advert is unilateral offer then it is considered an offer not an invitation to treat

Question 11

Carlill v Carblic Smoke Company

Answer 11

Unilateral offers within advertisements are offers not invitations to treat

Question 12

What happened in Carlill v Carblic Smoke Company?

Answer 12

D advertised that if anyone could use the smoke ball in accordance with their rules and still get influenza they would get £100.
C did this, when he tried to claim the money D said it was a ‘mere puff’

Question 13

Outcome of Carlill v Carblic Smoke Company…

Answer 13

The court held that a unilateral offer could be made to the world and due to this nature it waives the need for communication of acceptance
If someone accepts it and fulfils contract D must too

Question 14

British car auctions v Wright

Answer 14

Auctions being an invitation to treat

Question 15

What happened in the case of British car auctions v Wright?

Answer 15

D was prosecuted for offering a car ‘unworthy of the road’

Question 16

What was the outcome of British car auctions v Wright?

Answer 16

The prosecution failed. The court held each bid is an offer. The offer is not made my the auctioneer. Acceptance is when he puts down the hammer. The lot price is an invitation to treat - ‘willingness to accept offers’

Question 17

Harvey v Facey

Answer 17

Statement of price is an invitation to treat not an offer

Question 18

What happened in Harvey v Facey?

Answer 18

They were discussing a pen for sale. Facey responded to a telegram saying ‘the lowest price is £900’
Harvey claimed he accepted this price then went to sue when Facey would not sell it

Question 19

What was the outcome of Harvey v Facey?

Answer 19

Court held that stating the lowest price they would accept is an invitation to treat not an offer. Therefore Facey could not have breached the contract

Question 20

When does an offer end?

Answer 20

Accepted/rejected 
Revocation 
Time lapse 
Conditions aren't fulfilled 
Withdrawal 
Death 
Counter offer

Question 21

Hyde v Wrench

Answer 21

Counter offer

Question 22

What happened in Hyde v Wrench?

Answer 22

D offered to sell C a farm for £1000
C offered £950
Wrench rejected and sold to a third party
Hyde tried to accept the first offer and then sued for breach of contract for selling

Question 23

What was the outcome of Hyde v Wrench?

Answer 23

The £950 offer by Hyde was a counter offer. This cancelled out the original offer, the roles reversed and Hyde became the offeror.

Question 24

Byrne v Van Tienhaven

Answer 24

Revocation

Question 25

What is revocation?

Answer 25

When the offer is withdrawn before it is accepted, however it’s withdrawal must be communicated

Question 26

What happened in Byrne v Van Tienhaven?

Answer 26

D sent a letter making an offer regarding tin plates.
A few days later, he sent a letter withdrawing the offer.
C received the first letter and accepted immediately.
Didn’t receive the second letter for another 8 days.

Question 27

What was the outcome of Byrne v Van Tienhaven?

Answer 27

The withdrawal of the offer was not communicated properly. The offer was still in place this a contract was formed

Check in book what it says about this and postal rule

Question 28

Explain lapse of time..

Answer 28

There may be a time limit attached to an offer stating when it must be accepted by
or
The courts may feel an unreasonable amount of time has been left until acceptance so the offer has been terminated

Question 29

Ramsgate Victoria Hotel v Montefiore

Answer 29

Termination of an offer and lapse of time

Question 30

What happened in the case of Ramsgate Victoria Hotel v Montefiore?

Answer 30

D offered to buy shares of the hotel in June. C did not release them until November.
C said there had been a breach of contract as they would no longer buy shares

Question 31

Outcome of Ramsgate Victoria Hotel v Montefiore…

Answer 31

The court held the lapse of time depends on the intention of the parties and nature of subject matter
e.g if it was perishable or likely to fluctuate (like with stocks) then the lapse of time would be shorter
C’s claim failed

Question 32

Example of an unfulfilled condition terminating offer…

Answer 32

A job offer made upon a reference or CRB check

Question 33

What happens if offeror/offeree dies?

Answer 33

If the contract doesn’t involve personal services representatives can carry out the agreement