Offer

• what is an offer?

  An offer is a proposal (a promise) showing a willingness to contract on firm and definite

  terms.
• What case is used to determine whether a offer unilateral or bilateral?

  Carlill v Carbolic Smokeball Co
• What characteristic must an offer have in its terms to be valid?

  It must be definite
• Why are words such as "might be prepared" generally not considered an offer in contract law?

  They lack definiteness
• In Gibson v Manchester City Council [1979], what phrase used by the council was deemed not to be an offer?

  "We may be prepared to sell"
• In the case of Gibson v Manchester City Council, who made the offer that the council could then accept or reject?

  The tenant
• What legal principle is illustrated by the Harvey v Facey [1893] case?

  A request for information is not an offer
• In Harvey v Facey [1893], what did Harvey ask Facey in his initial message?

  Will you sell me Bumper Hall Pen?
• In Harvey v Facey [1893], what was Facey's reply to Harvey's question?

  Lowest price for Bumper Hall Pen £900
• Why was Facey's reply in Harvey v Facey not considered an offer?

  It was a response to a request for information
• Who can make an offer, according to contract law?

  Anyone
• In Thornton v Shoe Lane Parking, what action by Thornton constituted acceptance of the offer?

  Putting money in the machine
• In Thornton v Shoe Lane Parking [1971], who was deemed to have made the offer?

  The owner of the car park
• To whom can an offer be made?

  An individual, a group, or the world
• What type of offer is made when offering a reward for finding a lost dog?

  An offer to the world at large
• What does ITT stand for in contract law?

  Invitation to treat
• What is the main difference between an offer and an invitation to treat?

  An ITT cannot be accepted
• What is an invitation to treat?

  An indication of willingness to negotiate
• What does an invitation to treat invite the other person to do?

  Make an offer
• In Fisher v Bell [1961], why was the shopkeeper not guilty of offering a flick knife for sale?

  The window display was an ITT
• According to Fisher v Bell [1961], what is a window display considered in contract law?

  An invitation to treat
• What is the general rule regarding advertisements in contract law?

  They are an invitation to treat
• In Partridge v Crittenden [1968], why was the newspaper advertisement not considered an offer?

  It was merely an invitation to treat
• What was advertised in Partridge v Crittenden [1968]?

  Bramblefinch cocks and hens
• In what type of contract is an advertisement more likely to be considered an offer?

  Unilateral contract
• Under what conditions might an advertisement be considered an offer rather than an invitation to treat?

  If customer acts upon clear terms
• In Lefkowitz v Great Minneapolis Stores, why was the advertisement considered an offer?

  It required certain terms fulfilled
• In Lefkowitz v Great Minneapolis Stores, what was the specific term that the customer fulfilled, leading the court to consider the advert as an offer?

  Being one of the first customers
• In auctions, what action is considered an invitation to treat?

  Inviting bids
• In auctions, what action constitutes an offer?

  Making a bid
• In BCA v Wright [1972], what action by the auctioneer was confirmed as acceptance?

  Banging his hammer
• In auctions, what action signifies acceptance of a bid?

  Banging the hammer
• When can an offer be accepted?

  While it is open
• When does an offer come into existence?

  When communicated to the offeree
• What condition must be met for a person to accept an offer?

  Knowing of its existence
• What is revocation of an offer?

  Withdrawal
• When can an offer be revoked?

  Any time before acceptance
• How must revocation be made effective?

  It must be communicated
• Can revocation be communicated by a third party?

  Yes
• What was the key issue in Byrne v van Tienhoven [1880] regarding revocation?

  Revocation must be communicated