Offer

Question 1

What is a bilateral and unilateral promise?

Answer 1

• A promise made in exchange for another promise. coffee for money
• promise in exchange for an act.

Question 2

What are the legal requirements for a contract to be valid

Answer 2

• offer and acceptance
• consideration
• intention to create legal relations
• certainty
• capacity
• sometimes- formalities

Question 3

what is an invitation to treat

Answer 3

is a proposal that invites others to negotiate or make an offer.
- cannot be accepted
- no agreement can result from it
- courts decide status from ‘apparent intention’.

Question 4

Gibson v Manchester city council 1979

Answer 4

demonstration of an invitation to treat

Question 5

Fisher v Bell 1961

Answer 5

display of goods in a shop is invitation to treat

Question 6

Pharmaceutical Society of Great Britain v Boots Cash Chemists (Southern) Ltd [1953]

Answer 6

statuts of displays in shops today. invitation to treat.

Question 7

How can an offer come to an end? what are the requirements of each

Answer 7

1. rejected by the party the offer is made to.- terminates offer. counter-offer is a form of rejection.- terminates the offer. (Hyde v wrench 1840). request for information is different and will not terminate offer (Stevenson v clean 1880)
2. by lapse of time- there is no deadline the offer will lapse after a reasonable period of time as he offeree is taken to have rejected the offer by not responding. - ( Manchester Diocesan Council for Education v Commercial & General Investments [1970] )
3. if revoked or withdrawn.- it must be communicated to the offeree and must take place before acceptance takes place. (Bryne v van Tienhoven 1880) [revocation can be communicated by third-party- Dickinson v Dodds 1876] [revocation can be valid in unliateral contract if its communicated before performance of acceptance. Shuey v US 1875]

Question 8

Stevenson, Jacques & co v Mclean 1880

Answer 8

a case demonstrating that the original offer ends once replaced by counter offer

Question 9

what is the rule on ordinary adverts

Answer 9

Patridge v Crittenden 1968.
- not offer but invitations to treat.
- based on apparent intention

Question 10

what is the exception where adverts amount to an offer

Answer 10

Carlill v Carbolic Smoke ball Co 1893
- advert will be treated as an offer if it shows a clear intention to be an offer

Question 11

what is a puff or puffery

Answer 11

the old way of describing sales hype that no reasonable person would take seriously

Question 12

what is the basic principle concerning websites and e-commerce

Answer 12

• treated the same as a shop display.
• invitation to treat ( like boots case)
• if a webpage displays an ordinary advert, presumed invitation to treat (patridge v crittenden)
• if a webpage shows a clear intention to be an offer it will treated as such (carlill)

Question 13

what is the basic principle concerning auction sales with a minimum price

Answer 13

Advert for an auction is not an offer to hold it- Harris v Nickerson 1873.
- (auctioneers request bids at the start of an auction is an invitation for bids)

Question 14

what is the basic principle for an advertisement of an auction without a minimunm price

Answer 14

• is an offer to sell to the highest bidder.
• Warlow v Harrison 1859

Question 15

Routledge v Grant 1828

Answer 15

states that an offer can be withdrwn at any time before it is accepted.