offer

• civil law

  -private law when feel like been wronged-put in place where should’ve been if contract worked

  -victim=claimant
• offeror


  person making offer                                
• offeree


  person receiving offer.
• types of contacts - bilateral

  exchange of mutual promises
• types of contracts - unilateral

  where the offeror makes a promise in exchange for an act or service by another party.
• invitation to treat

  -inviting someone else to make an offer to you

  Always invitation to treat-articles on display (anything on display in shop or online), any kind of advertisement, auctions.
• articles on display

  contracts would be breached all the time if could offer rather than invite.

  -when at counter making offer to buy-accept or decline-cannot be an offer has to be invitation

  -fisher v bell-confirms
• advertising

  -partridge v Crittenden-invitation not offer-age availability and item out of date

  -however, can be offer occasionally-when clear instructions e.g reward poster-Carlill v carbolic smoke ball co
• auction

  -Payne v cave-confirm can remove offer at any time

   
• general request for information - no offer

  • Harvey v Facey - not offer
• Terms of offer must be certain - must be defined in terms such as “might be prepared”.

  -Gibson v Manchester city council

   

  Communication of offers.

  -state terms
• who can make offer?

  anyone

  -Thornton v shoe lane parking
• who can be offeree?

  -anyone

  -one specific individual-Gibson v Manchester city council

  -general

  -whole world-car hill v carbolic smoke

  -offered makes decision on who offer to
• must be communicated before effective

  • through post - when delivered
• how offer could end

  -revocation pane v cave - take back before they agree-person made offer to must say revoked - Byrne v van Tien oven -day put letter in post is agreement

  • rejection and or counteroffer -
  • lapse of time - time limit on offer -Ramsgate Victoria hotel co let v Montefiore
  • death - if offeree dies no one else can accept offer on behalf but someone else can make. Offeror can still accept offer if not know dead.
  • acceptance