offer

• 4 elements must be present for a valid contract - offer - acceptance - consideration - intention
• offer = an expression of willingness to contract made with the intention of being legally binding
• objectivity - courts adopt an objective position to look at all the external factors from the position of a reasonable person
• offer must be communicated
• offer must be distinguished from other types of statements - capable of immediate acceptance and made with intention to be legally bound
• invitation to treat - indicating that the owner is willing to receive offers
• adverts - not usually regarded as invitations to treat
• goods displayed in a shop window is usually seen as an invitation to treat
• invitation to tender is not an offer but an invitation to consider offers
• request for info - no intention to be bound
• death of an offer - revocation - lapse of time - rejection - occurrence of a condition - death
• revocation - offer being revoked
• lapse of time - after a specific period of time it cannot be accepted
• rejection - rejection terminates the offer
• death - death of either party terminates the offer