Contracts

Question 1

What is the difference between an offer, and an invitation to treat?

Answer 1

Offer = clear firm indication of terms
Invitation to treat = not legally binding

Question 2

What does Gibson v MCC say about invitations to treat

Answer 2

-negotiation about a council house

An invitation to treat is NOT an offer

Question 3

What are the 3 types of invitations to treat

Answer 3

Goods in a shop window

Goods on a shelf

Written advertisements

Question 4

What case says goods in a shop window are an invitation to treat?

Answer 4

Fisher v Bell

Question 5

What case says goods on a shelf are an invitation to treat?

Answer 5

PSGB v Boots

Question 6

What case says written advertisements are an invitation to treat?

Answer 6

Partridge v Crittenden

Question 7

According to Carlill v CSBC, what are the two exceptions as to when an offer can be made from an ad?

Answer 7

Carlill = smoke ball medicine

Offer can be made from a written ad IF:
1. advert is unequivocally clear in details
2. it is a unilateral contract open to everyone

Question 8

What does Harvey v Facey say?

Answer 8

-asked about the price of a farm

A request for invitation (and a response to this request) ≠ offer

Question 9

Whats the difference between a uni/bi lateral contract

Answer 9

Unilateral - a contract fulfilled by an offeree’s performance; no one is forced to take on the contract

Bilateral - both parties are obliged to perform their side of a contract