Offer

Question 1

What is the ‘mirror image’ rule?

Answer 1

There is a point in time when one party makes an offer and the other party accepts that offer

Question 2

Who discusses the ‘mirror image’ rule?

Answer 2

Mindy Chen-Wishart

Question 3

What are the formation questions?

Answer 3

Whether, When, What

Question 4

When are the formation questions answered?

Answer 4

at the moment of acceptance

Question 5

What is the definition of an offer?
- Chen-Wishart

Answer 5

“an offer is a manifestation (whether orally. in writing, or by conduct) by the offeror of a willingness to be bound by the terms proposed to the offeree (the addressee) as soon as the offeree signifies acceptance of the terms”

Question 6

Is it a subjective or objective test?
- which case tells us?

Answer 6

• It is an objective test
  
  • The actual intention of the parties is subjective
  • The question is: how would reasonable and honest people interpret the party’s intention from his conduct in all the circumstances

Smith v Hughes [1871]

Question 7

What is an invitation to treat?
- which case discusses this?

Answer 7

• is a willingness to negotiate
• it is a statement / action inviting others to make offers → rather than being an offer itself
• a preliminary step which doesn’t bind

Gibson v Manchester City Council [1979]

Question 8

What 2 conventions are ITTs, not offers
- 2 cases

Answer 8

• Displays in stores
• Adverts in newspapers

• Pharmaceutical Society of Great Britain v Boots Cash Chemists [1953]
• Partridge v Crittenden [1968]

Question 9

Which case is an exception to the ITT conventions rule?

Answer 9

Carlill v Carbolic Smoke Ball Company [1892]

Question 10

What can offer be confused with?
- case

Answer 10

a supply of information

Harvey v Facey [1893]

Question 11

What is a tender?

Answer 11

A tender is a formal offer or bid from a potential supplier seeking to secure a contract

Question 12

What is an invitation to tender?
- case

Answer 12

merely an ITT

Spencer v Harding [1870]

Question 13

What is the offer and acceptance elements of a tender?

Answer 13

• offer: submission of a tender
• acceptance: relevant acceptance of the tender

Question 14

When may you be liable with tenders?
- 2 cases

Answer 14

• you fail to accept the highest tender
• you fail to consider a tender

• Harvela Investments Ltd v Royal Trust Co of Canada (CI) Ltd [1986]
• Blackpool and Fylde Aero Club Ltd v Blackpool BC [1990]