Offer Flashcards
What is a unilateral contract?
When only one party has an obligation to fulfil
What is a bilateral contract?
When both parties have an obligation to fulfil
What is an offer?
A statement upon the terms of which a person making the offer is willing to enter the contract
What are the sections/ tests of offer?
The words must be certain
Who can make an offer
How long does an offer last
Invitation to treat
Request for further information
Who is the offeree?
The person who the offer is made to
Who is the offeror?
The person who makes the offer
Words must be certain definition and case
Must be clear an offer is being made
Gibson v MCC- hadn’t made an offer as the word ‘might’ was uncertain
Who can an offer be made to and case?
Can be made by anyone including a notice or machine
Thornton v Shoe Lane Parking- C accepted terms by purchasing a ticket
How long does an offer last and case?
Can only be accepted while offer is open and it is open once it is communicated by the offeror
Taylor v Laird- entitled to nothing as no offer communicated
What is an invitation to treat?
When you invite people to make an offer and it cannot be accepted
What are the sections of invitation to treat?
Advertisements
Shop windows
Auctions
Is an advert an invitation to treat?
Yes- Carlill v Carbolic smokeball- adverts can be offers if the words are clear
Case for shop windows and displays?
Fisher v Bell- Invitation to treat so shop keeper not guilty
Sellers not obliged to sell items to customers
Auctions case
BCA v Wright- not an offer, invitation to treat
Items sold are an invitation to treat
Is a request for further information an offer and case?
Not an offer just an enquiry
Harvey v Facey- No contract made, he was replying to request
