Offer evaluation

• Distinction Between Offer and ITT is Confusing

  • differences are often very slight, Gibson v Manchester City Council
  • items on display are an ITT not an offer clarified by the law, PSGB v Boots
  • customers cannot demand to buy items, shops can decide whether to accept offer or not
  • Sir Percy Winfield - 1939 article in the law quarterly review: 'a shop is a place for bargaining and not compulsory sales'
  • C.A - Fisher v Bell, avoided conviction for offering sale flick-knives but it was his intention
  • Adverts - Partridge v Crittenden, not an offer even though it was his intention, good if limited number of goods
  • C.A - Carlil v Carbolic Smokeball Co - use of reward = offer
  • successful claim - misinterpretation/breach of Consumer Rights Act 2015
• Problems with Counter-Offers

  • in business world, negotiations may be ongoing, counter offers may be made, questions asked
  • counter-offer will end original offer, conduct of offeree can be acceptance
  • law recognises this as an attempt to go back to original offer is rarely refused and price rarely goes up during negotiations
  • confusion between counter-offer and request for information, Stevenson v McClean
  • Harvey v Facey - 'lowest price' statement
• Revocation

  • allowed to take it back anytime before acceptance
  • problematic for unilateral offers - not aware of acceptance due to performance, Carlil v Carbolic Smokeball Co
  • protects offeree, unfair on offeror's estate - death of offeree, Bradbruy v Morgan
  • lapse of time - reasonable time, subjective, Ramsgate v Montefiore, on a case by case basis
  • must be communicated
• Certain

  • wording being vague can count as an ITT when it was intended to be an offer
  • subjective