Offer - Cases Flashcards
(34 cards)
Clarke v Earl of Dunraven
A concluded bargain can be considered reached even if it is difficult or impossible to isolate an ‘offer’ and ‘acceptance’
Hermens v Acacia Group Ltd
‘Global’ rule: it is not necessary, in determining whether a contract has been formed, to identify either a precise offer or a precise acceptance, nor a precise time at which an offer or acceptance could be identified:
Carlill v Carbolic Smoke Ball Company
- Bilateral contracts
- Unilateral contracts
- Offers to public at large
- Mere puff
- Invitation to treat
- Advertisements as offers
United Dominions Trust (Commercial) Ltd v Eagle Aircraft Services Ltd
Bilateral and unilateral offers`
s26B Electronic Transactions (Qld) Act 2001
Advertisements on the internet are generally not offers, but offers to treat
Smythe v Thomas
Internet auctions are a species of auction, and so are subject to similar rules, plus any terms and conditions of the auction site
Manufacturer’s Material Insurance Ltd v John H Boardman Insurance Brokers Pty Ltd
When determining if an advertisement is mere puff or an offer the test is what a reasonable person would think of it
Harvey v Facey
A supply of information is not an offer
Pharmaceutical Society of Great Britain v Boots Cash Chemists (Southern) LD
The display of an article together with its price constitutes an invitation to treat
Fisher v Bell
The display of an article together with its price constitutes an invitation to treat
Grainger & Son v Gough
Information in catalogues and circulars regarding items for sale and their price is only an invitation to treat, and placing an order constitutes an offer
Partridge v Chrittenden
- Information in catalogues and circulars regarding items for sale and their price is only an invitation to treat, and placing an order constitutes an offer
- Legislation may restrict or regulate the extent to which certain kinds of goods may be offered for sale
AGC (Advances) Ltd v McWhirter
- Auctions with a reserve - bids are offers
2. Auctions without a reserve - bids are offers
Warlow v Harrison
Auctions without a reserve - auctioneer contracts with highest bidder
Spencer v Harding
An advertisement for tender is an indication of a person’s readiness to receive offers
Harvela Investments Ltd v Royal Trust Company of Canada
If a person inviting tenders promises to accept the highest (or lowest) bid, then acceptance occurs when a person submits the tender that turns out to be the highest (or lowest) bid
Blackpool & Fylde Aero Club Ltd v Blackpool Borough Council
If a person inviting tenders indicates that there will be a particular tendering process, and does not follow this process, they could incur contractual liability
The Great Northern Railway Co v Witham
A standing offer is accepted whenever an order is placed, and if the offeror does not provide the goods or services then they will be found in breach of contract
Colonial Ammunition Co v Reid
The offeror may withdraw the offer at any time, and unless otherwise specified the offeree is under no obligation to accept
Routledge v Grant
Ordinarily an offeror is able to withdraw an offer any time before acceptance, even if the offeror promises to keep the offer open for a period of time
Gilbert J McCaul (Aust) Pty Ltd v Pitt Club Ltd
- Options - must be kept open
2. Failure of conditions - non-fulfilment means offer lapses
Thornton v Shoe Lane Parking Ltd
The presence of an automatic vending machine ready to take money is considered an offer, and payment is considered acceptance. Once accepted, no more terms may be added
MacRobertson Miller Airline Services v Commissioner of State Taxation
When the passenger has time to review the terms on the ticket, then the ticket is considered to be the offer. The passenger may accept the offer either by conduct (boarding) or by not returning it within a reasonable time
Cole v Cottingham
In order for an offer to be legally effective it must be communicated to the offeree by the offeror or by an authorised third party
