offers

Created by

tia marni

Cards (20)

offer
a statement of the terms upon which a person is prepared to be bound by a contract
offeror 
the person who makes the contract
offeree 
the person to whom the contract is made
acceptance of an offer
must be definite in its terms. 'might' and 'may' lack certainty (Gibson v Manchester City Council)
making an offer
can be made by anyone, a notice or a machine (Thornton v Shoe Lane Parking)
communicating an offer
an offer can only be accepted whilst its still open. an offer comes into existence once it's communicated to the offeree (Taylor v Laird)
keeping an offer open
a collateral contract can be made alongside a main one (Dickinson v Dodds)
an invitation to treat
not an offer so cannot be accepted. it's an indication that one person is willing to negotiate a contract with another
bilateral offer 
this requires both the offeror and offeree to do something
unilateral offer 
only an obligation on one party
advertisements  
can't be an offer, instead an invitation (Partiridge v Crittenden)
advertisements exceptions  
(carlill v carbolic smoke ball)
goods in a shop window
invitation, not an offer for sale. seller of goods is not obligated to sell them to you
(Fisher v Bell)
lots at an auction
the bidder makes the offer and the auctioner then accepts (British Car Auctions v Wright)
a request for information
general enquiry (Harvey v Facey)
how an offer can end
lapse of time, death, revocation, rejection, acceptance
lapse of time  
a fixed period expires, if no time is set a 'reasonable time' is allowed (Ramsgate Victoria Hospital)
Death  
offeree dies - offer ended, can't be made on his behalf (Reynolds v Atherton
offeror dies - acceptance can still take place until offeree learns of offeror's death (Bradbury v Morgan)
Revocation  
anytime before acceptance, must be communicated and effective (Byrne v Van Teinhoven)
Rejection 
once rejected, can no longer be accepted, counter offer is a rejection (Hyde v Wrench)