Offer

Question 1

Define offer

Answer 1

An offer is a statement of all the terms which you are willing to be bound by. It must be clear certain and communicated (Gibson vs MCC)

Question 2

Offer side rules

Answer 2

• Counter offer- rejects the original and creates a new offer (Hyde vs Wrench)
• Revocation- can be withdrawn any time before acceptance takes place, but this must be communicated- even if by a third party (Dickinson vs Dodds)
  -Rejection- must be a clear rejection and must be communicated (Stevenson vs Mclean)
  -Lapse of time- if the offer has a time limit and that runs out, otherwise it will end after a reasonable period of time (Ramsgate vs Victoria Hotel)
  -Death- of the offeror but the offer can still be accepted until the offeree knows about the death.

Question 3

Define ITT

Answer 3

An invitation to treat is not an offer. It simply invites the other party to make an offer which can then be accepted or rejected.

Question 4

3 types of ITT

Answer 4

1- Adverts will be an offer if (Partridge vs Crittenden)- unless they are made to a specific group of people, or it is a unilateral offer
2- Items on display (Fisher vs Bell)
3-Auctions (BCA vs Wright)

Question 5

Request for information

Answer 5

(Harvey vs Facey) rules that a request for information and a response to this request is not an offer
-Exam tip= after request for info is made, check for offer later on in scenario