Offer Flashcards
(11 cards)
What is an offer ?
clear statement of terms by which a person is prepared t b bound by them
How does Prof. Treital define offer ?
‘an expression of willingness 2 contract on certain terms made w intention that it shall become binding as soon as its accepted’
Who makes the offer and who is it offered to ?
making- offeror
offered to- offeree
What is an invitation to treat ?
not an offer
indication that person willing 2 negotiate contract but not yet willing 2 make offer
What can ITTs include ?
x certain enough (Gibson V Manc CC)
adverts (Partridge V Crittenden)
display in shop 🪟-(Fisher V Bell)
display on shelf (PSGB V Boots)
request 4 info (Harvey V Facey)
What 3 things must the offer be ?
certain
communicated
not terminated
How can the offer be certain and case ?
clear & unambiguous (Guthing V Lynn) +£5 if horse was lucky is too vague
How can an offer be communicated ?
any method
person, machine (Thornton V Shoe Lane Parking), written, oral, conduct
What type of communication can it be & case ?
general or specific to someone but if don’t know then cannot accept (Taylor V Laird)
If an offer is terminated by being revoked what case shows and what must it be?
(Routledge V Grant) must b communic. (Byrne V Van Tienhiven)
can b by 3rd party
How can an offer be terminated ?
revoke, offeree 💀(Bradbury V Morgan), rejection, 🕰️lapse (Ramsgate V Montefiore), counter offer (Hyde V 🔧), accept