What is a UNILATERAL contract?
Only an obligation on one party to the contract,so one party has an obligation to fill.
What is a BILATERAL contract?
Both offeror and offeree required to do something,both have an obligation.
What is an offeree?
The person who the offer is made to.
What is an offeror?
The person who makes the offer.
Who can make an offer?
Anyone,including businesses and individuals. Offers can be made by notice or machine (Thornton v Shoe Lane Parking)
What is communicating the offer?
Offer can only be acceptd whilst it is open. An offer is open once communicated by offeror (Taylor v Laird)
What will courts do to determine if an offer is still open?
Courts will look at the timing on a case by case basis (Stevenson v Mclean)
What is “The words of an offer must be certain”?
words and phrases such as “might be prepared to” or “may be able to” are uncertain if used this will not be an offer.
What is the ruling for advertisements?
An advert is an invitation to treat (Partridge v Crittenden)
An advert becomes an offer where the words clearly indicate that an offeror intended an offer to be made (Carlill v Carbolic Smokeball Co)
What is the rulling for “Shop window displays”?
Displaying items on a shop window or shelf is an invitation to treat. A seller of goods is not obligation to sell goods. Goods may be display items despite having a pricetag (Fisher v Bell)
What is the rulling for “Items on a shop shelf”?
Items on display are invitations to treat. When a customer takes an item to the counter they are making an offer therefore the shop has the ability to accept or decline. (Pharaceutical Society of Great Britain)
What is the rulling for Auctions?
The bidder makes an offer and it isnt accepted unitl auctioneer bangs gavel. Therefore auction items are invitations to treat. (BCA v Wright)
What is the ruling for “Request for futher information”?
If someoen asks for futher info about something listed for sale,its an enquiry (Harvey v Facey)
How does a “Laspe of time” end an offer?
If a fixed period for the duration of the offer is stated,as soon as the time is up the offer no longer exists. If there is no time set then a reasonable time is allowed (Ramsgate Victoria Hospital v Montefiore)
How does a “Death” end an offer?
If the offeree dies those dealing with their estate can’t accept the offer on their behalf (Reynolds v Atherton)
If the offeror dies acceptance can take place until the offeree learns about the death (Bradbury v Morgan)
How does a “Revocation” end an offer?
Offers can be revoked at any time before acceptance takes place but not affter acceptance,it must be communicated with offeree. (Routledge v Grant)
How does an offer end in a unilateral contract?
-Set time limit so reward can only be granted until a particular date
-The expiry of a reasonable time
-Publishesd revocation the same way the offer had been made
Does the revocation need to come from the offeror?
No as long as it is communicatd to offeree through a reliable person (Dickinson v Dodds)
How does a “Rejection” end an offer?
Once an offerc is rejected the offer ends,a counteroffer is a rejection of the inital offer (Hyde v Wrench)
How does a “Acceptance” end an offer?
Once an offer has been accepted,there is an agreement and a legally binding contract.
