Offer & ITT

Question 1

Offer Def

Answer 1

A proposal showing willingness to contract on firm and definite conditions

Question 2

ITT Def

Answer 2

An indictation that one is willing to negotiate a contract with another but they are not yet willing to make a legal offer

Question 3

Partridge v Critten

Answer 3

ADVERTISMENT
D put out advertisement to sell a Bramblefinch Birds - Protected under Protection of Birds Act
Court held it was ITT
Offer had to been made by person offering to buy birds

Question 4

Carlill v Carbolic Smokeball Co

Answer 4

Offered £100 reward for anyone who used smoke ball and still caught the flu
In advertisment they stated they had deposited £1000 in Alliance bank to ‘show their sincerity in the matter’
Court held was not marketing puff and was a UNILATERAL Offer

Question 5

Fisher v Bell 1961

Answer 5

Knife that violated Restriction of Offensive Weapons Act was displayed in shop window with price sticker
Court held was ITT and not offer

Question 6

British Car Auctions v Wright

Answer 6

Acutioneer sold car that Violated RTA
Court held was ITT
- No offer to sell but always an offer to buy

Question 7

Harvey v Lacey

Answer 7

Harvey sent telegram to Facey asking lowest cash price
Facey Replied with £900 - harvey tried to accept
Court held was a repsonse to request for information not an offer

Question 8

Storer v Manchester City Council

Answer 8

CoA held that Cours must look objectively at parties words and actions rather than their intentions

Question 9

Gibson v MCC

Answer 9

Council sent letter to Gibson saying it may be prepared to sell her council house to her
She replied and agreed
COuncil changed policy and said could no longer sell
Court held letter was not offer as did not display a clear and certain offer
and lacked intention to be bound

Question 10

REquirement for a Valid Offer

Answer 10

• Offer must display an intent to be bound
• Objective Approach
• Offer must be clear and certain

Question 11

Routledge v Grant

Answer 11

REVOCATION
Party who makes offer may revoke or withdraw it at any point

Question 12

Stevenson v McLean

Answer 12

REJECTION
Party enquired if Iron could be delivered within 2 weeks
Court held this was no Rejction of Offer

Question 13

Ramsgate v Montefiore

Answer 13

LAPSE OF TIME
C did not recive acceptance for 6 months. by that point C no longer wanted shares
Offer expired

Question 14

Bradbury v Morgan (Executors of Leigh)

Answer 14

DEATH
Offer still valid even tho offeree was dead - ONLY if other party is aware

Question 15

Hyde v Wrench

Answer 15

COUNTER OFFER
D offered his land for sale at £1000
C responded with £950
D Rejected
C tried to accept original offer
Court held that counter offer rejected original offer