Offer Evaluation Flashcards
(17 cards)
What are the evaluation points of offer ?
Confusion between I2T & offer
Revocation can be unfair
difference in counter offer & request
death of offeror/ee
lapse of time is subjective
Why is there confusion between I2T & offer ?
adverts & adverts w reward
displays- could mean shop owners escape liability
Why are adverts and adverts with rewards confusing & cases ?
differences slight
Adverts = I2T as if was offer supply issues (partridge)
Adverts w reward = offer as reward intends to be bound (Carlill)
Why is it good that displays are an I2T & why can it be bad ?
good- underage no demand inappropriate items on display
bad- shopkeeper could pot. be avoid liability
What case shows that displays being an I2T can be bad ?
Fisher V Bell- not liable even though intent was to sell flick-knives
Why can revocation be an evaluation point ?
Offeror can withdraw - good
timing of withdrawal - pot. bad & 👍
unclear boundaries (3rd 🥳)
Why is revocation good ?
offeror can withdraw whenever they want
revoke before acceptance gives protection 2 both 🥳s
How is revocation bad ?
Timing of accept/revoke lead to one party being unhappy
revoke can come from 3d 🥳 are they reliable ?
Why can counter offers be an evaluation point ?
The diffference between counter offers and requests is unfair
What is the difference between a counter offer and a request?
CO- terminates contract as declining original offer
request- doesn’t terminate as want to know more
Why is the difference between a CO & a request unfair ?
as CO not necessarily want 2 terminate original offer, try 2 get more/less
Why is death an evaluation point ?
difference between death of offeror/offeree
What is the difference between the death of an offeror and an offeree ?
offeror- contract not end
offeree- end automatically
Why is death of offeree/ors unfair ?
unfair espec. when offeree unaware
also unaware on offeror estate to carry on
Why is death of offeror good for offeree?
as protected offeree by still carryon on contract
Why is lapse of time an evaluation point ?
lapse of time is subjective and has no clarity
How does lapse of time have no clarity ?
no end date then look at what is a ‘reasonable amount of time’
different for every person
