offer

• Definition:

  Sect 2 (a): offer is an intimation of willingness by the offeror to enter into a legal binding contract
• rules retaining to offer:

  • offer must be clear in meaning
  • offer must be valid in law
  • preliminary negotiation
  • communication of offer
  • invitation to treat
  • revocation of offer
• offer must be clear in meaning:

  • if we can identify the subject matter = that offer is clear
  • case: Scammell and Nephew v Ouston (1941)
• offer must be valid at law:

  • must be legal
• preliminary negotiation:

  • negotiation = no offer until the offeror and offeree agree to the entire provision of terms in the agreemnet
• communication of offer:

  • sect 4(1): the communication of the proposal is complete when it comes to the knowledge of the offeree
• revocation of offer:

  • Sect 5(1): a proposal may be revoked at any time before the communication of its acceptance is complete as against the proposer, but not afterwards