Offers

Question 1

Definition of an offer

Answer 1

an expression of willingness to contract on clear and certain terms. can be made orally or in writing.

Question 2

Definition of a contract

Answer 2

an agreement giving rise to obligations which are enforced or recognised by law

Question 3

Essential elements of a contract

Answer 3

agreement, consideration, intention and capacity

Question 4

Main unilateral contract example

Answer 4

Carlill v Carbolic Smoke Ball Co because the offer went above and beyond an ITT

Question 5

Pre contract negotiations cases x2

Answer 5

Harvey v Facey and Clifton v Palumbo

Question 6

Are ITT’s offers?

Answer 6

An ITT cannot be an offer, it must lead to an offer

Question 7

Are the following ITT’s or offers:
- Display of goods (1 case)
- Mechanised sales (1 case)
- Bus services
- Advertisements (4 reasons)

Answer 7

1. Fisher v Bell - ITT’s
2. Thornton v Shoe Lane Parking - Unilateral offers
3. Wilkie v London Transport Board - bus is the offer and you getting on is the acceptance
4. only ITT’s because of lack of stock, reservation of sale, negotiation needed and sales hype

Question 8

Explanation of whether auctions are offers (1 case)

Answer 8

Payne v Cave (1789) - a call for bids is an ITT and the hammer signifies acceptance

Question 9

Explanation of whether tenders are offers (1 case)

Answer 9

Spencer v Harding (1870) asking for a tender is an ITT and giving a tender is an offer

Question 10

What is revokation? (1 case)

Answer 10

an offer can be withdrawn at any time before its acceptance - this is revokation - Routledge v Grant (1828)

Question 11

Rules on communication of a revocation (1 case)

Answer 11

must be made by express words or conduct - Bryne v Van Tienhoven (1880)

Question 12

4 other ways to end an offer (other than revokation)

Answer 12

acceptance, lapse of time, death and failure of a CP

Question 13

General rules of communication of offers (1 case)

Answer 13

All offers must be communicated (Taylor v Laird)

Question 14

Rules on revocation of a unilateral offer (1 case)

Answer 14

a pragmatic view is taken
Shuey v US - must take reasonable steps but doesn’t need to be communicated to everyone

Question 15

test for finding the phenomenon of agreement

Answer 15

courts have adopted an objective test due to need for legal certainty - Brian CJ (1478)

Question 16

what was lord denning’s suggestion in this? and case

Answer 16

He suggested a liaise faire approach should be taken - this was rejected - Butler Machine Tool Co v Ex Cell O Corp (1979)

Question 17

when will the courts consider subjective intentions

Answer 17

there are limited circumstances where the courts have considered subjective intentions - The Eurymedon

Question 18

give an example of a case with no clear offer and acceptance

Answer 18

Clarke v Earl of Dunraven - yatch race