Offer

• An offer is the starting point of a contract.
• It must have definite terms in order to be considered an offer (Gibson)
• An invitation to treat is not an offer.
• An advert is an invitation to treat (Partridge)
• If an advertisement contains a clear indication that there is an offer, this becomes a unilateral contract, which only arises when the offeree completely performs a required act (Carlill v Carbolic Smoke Ball Co.)
• Goods in a shop window (Fisher) or on a shelf (Boots) are an invitation to treat, as are lots in an auction (British Car Auctions)
• A request for information is not an offer (Harvey).
• An offer can be made by anyone or anything (Shoe Lane Parking).
• An offer will come into existence when it is communicated to the offeree - it is required that the offeree knows about the offer (Taylor).
• An offer can be revoked at any time, provided it is communicated (Routledge).
• Saying 'no' or making a counter offer is rejection - the original offer cannot then be accepted (Hyde).
• An offer can also end after a specified or reasonable lapse of time (Ramsgate Victoria Hotel) or after death.
• An offer is a proposal or promise showing a party's willingness to contract.
• An invitation to treat is an indication that a party is willing to negotiate.
• Revocation must be before acceptance is communicated

  • may be carried out by a third party
  • promise to revoke is not binding without consideration