Offer And Acceptance

Question 1

Invitation to treat

Answer 1

An invitation to treat is an invitation for a party to make an offer. It can be an advert or price list: Patridge, goods displayed in a shop window: Fisher, lots at an auction: British car auctions, a request for info: Harvey

Question 2

Is there an offer

Answer 2

To establish a valid contract have to consider if there is an offer, meaning a statement of terms upon which a person is prepared to be bound by a contract. An offer must be definite in its terms so uses words or phrases such as shall or will rather than may or might: Gibson

Question 3

Open

Answer 3

The offer can only be accepted while open. Once it has ended it cannot be accepted and cannot form the basis of a contract. The offer is open and there are no time limits, so it is presumed it will remain open for the foreseeable future.

Question 4

Communicated and aware

Answer 4

An offer comes into existence when it is communicated and both parties must be aware of its existence: Taylor

Question 5

An offer can end

Answer 5

If its revoked, rejected, lapses due to time, upon death or through an acceptance. Only acceptance result in a valid contact. Acceptance is the offeree agreeing to the offer

Question 6

Positive act

Answer 6

There must be a positive act, silence or inactivity is not sufficient: Felthouse

Question 7

Communicated

Answer 7

Acceptance usually takes place when communicated to the offeror