A01

• what is an offer?

  a statement of terms by which one is prepared to be bound once accepted
• what 4 things make a binding contract?

  offer, acceptance, consideration, intention
• what are the 2 key parties in an offer?

  offeror - person making the offer

  offeree - person recieving the offer
• what is a bilateral offer? 


  two parties promise something
• what is a unilateral offer? 


  one person promises something if another party performs an act
• what is an invitation to treat? 


  offeror's willingness to recieve offers and negotiate a contract without making an offer
• self service systems are an I2T 


  Pharmacuetical society of GB v Boots cash chemists LTD
• goods displayed on a shelf are always an I2T


  Fisher v Bell
• machines can be offerors 


  Thornton v Shoe Lane parking
• deckchairs available for hire were an offer for sale


  Chapelton v Barry UDC
• response to a request for information is an I2T not an offer


  Harvey v Facey
• wording must be definitive to be an offer


  Gibson v Manchester City Council
• ads in newspapers/magazines are usually I2T 


  Partridge v Crittenden
• reward posters are a unilateral offer


  Carlill v Carbolic Smoke bomb company
• what are the 3 rules for general auctions (with reserve)? 


  auction catalogue, the lot itself, and call for bids by auctioneer are all I2T

  the bid is the offer

  the fall of the hammer is acceptance
• which case gives the 3 rules for general auctions? 


  Payne v Cave
• what is the rule for no reserve auctions? 


  it is a unilateral offer accepted by submitting the highest bid
• what case gives rule for no reserve auctions? 


  Heathcote Ball v Barry
• what are the 3 rules of an offer?

  terms of an offer must be certain, offer must be communicated (spoken, verbal or conduct), and offers sent by post are communicated on arrival (even if unopened) - offeree must know about the offer
• how can an offer end?

  lapse of time, death of a party, or revocation/withdrawal
• offer ceases to exist after reasonable time due to nature of subject matter


  Ramsgate Victoria Hotel v Montefiore
• how else can lapse of time end an offer? 


  when an offer is not accepted within prescribed time
• what happens to an offer if the offeree dies? 


  offer automatically lapses
• what happens to offer if offeror dies? 


  offer may stay intact if offeree doesn't know about death and has accepted (unless contract requires personal service of offeror)
• when can an offer be revoked?


  any time up until acceptance
• one party cant be bound whilst the other is not, i.e consideration must be given for an offer to keep an offer open

  Routledge v Grant
• revocation is communicated once recieved by offeree


  Bryne v Van Tienhoven
• what 3 rules does Dickinson v Dodds give us regarding revocation? 


  no obligation to keep offer open until prescribed time; revocation can be done by reliable third party; free to withdraw offer until acceptance UNLESS deposit has been paid (consideration)
• once offer is rejected it cannot be accepted, but inquiries are not rejections of an offer

  Stevenson v Mclean
• what is a counter offer? 


  changing the terms of an offer
• counter offer destroys original offer so it no longer exists and is unable to be accepted 


  Hyde v Wrench
• who must an offer be made to?

  an identified/clear person