Offer, ITT, acceptance

    Cards (17)

    • Offer
      A statement of the terms upon which the person making the offer is willing to enter into a contract
    • Offeror
      The person making the offer
    • Offeree
      The person to whom the offer is made
    • Invitation to treat (ITT)
      An indication of a willingness to start negotiations, not an offer
    • Examples of ITT
      • Advertisement in a newspaper or magazine
      • Goods in a shop window
      • Self service shop
      • Auctions
      • Giving of information
      • Uncertain terms
      • Requesting information
    • Examples of offers
      • Vending machines
      • Advertisements containing a clear indication that it is an offer
      • Reward cases
    • An offer cannot be accepted unless the person who is seeking to accept it knows of its existence
    • Unilateral contracts are generally treated as offers
    • Ways an offer can end
      • Lapse of time
      • Revocation
      • Rejection
      • Counter-offer
      • Death of offeror or offeree
    • Acceptance
      The final expression of agreement to the terms of an offer
    • Acceptance must usually be communicated to the person making the offer
    • Acceptance has to be positive and unqualified</b>
    • Methods of acceptance
      • Conduct
      • Communication by post
      • Communication by electronic/instantaneous means
    • If an offeror states that their offer must be accepted in a particular way, then only acceptance by that method or an equally effective one will be binding
    • Where a specified method of acceptance has been included for the offeree's own benefit, the offeree is not obliged to accept in that way
    • Acceptance by post takes place when a correctly stamped and addressed letter is posted
    • Acceptance by electronic/instantaneous communication takes effect when it is received by the offeror, not when it is sent
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