offer and termination Flashcards
(18 cards)
O - definition of an offer?
willingness to contract on certain terms, made with the intention that it will become legally binding when it is accepted
O - cases for the offer must be clear and unambiguous?
Gibson v MCC = ambiguous ‘may’
Storer v MCC = clear ‘willing to sell’
O - what is a bilateral offer?
made to a specific person
O- what is a unilateral offer?
made to people generally/ made to the whole world
O - case for a unilateral offer?
Carlill v Carbolic Smoke Ball
O - what is an invitation to treat (ITT)
a mere declaration of willingness to enter into negotiations
O - case for adverts are ITT?
Partridge v Crittenden
O - case for items in shop windows are ITT?
Fisher v Bell
O - principle for self serve shops are ITT?
The Boots Case
O - case for auction lots are ITT binds are offers?
BCA v Wright
T - what is a counter offer and case?
a rejection of the offer to form a new offer
Hyde v Wrench
T - what is a request for further information with a case?
where offeree asks for some information before accepting or rejecting the original offer?
Stevenson V McLean
T - what is revocation?
cancelling/withdrawing the offer
T - principle from Byrne v Van Tienhoven?
revocation must be communicated to be effective
T - principle from Dickinson v Dodds?
revocation can be made via a reliable third party
T - principle from Routledge v Grant?
if consideration is given, the offer must stay open for a set time
T - principle from Ramsgate v Montefiore?
offer will lapse after a reasonable amount of time
T - principle from Errington v Errington?
offer cannot be ended if there is a continuing act of acceptance
