What is an offer?
A willingness to enter into a legally binding contract that does not require further negotiation.
What is the case to show it is assessed objectively?
Moran v University of Salford.
What is the main case and what was the outcome?
Carlill v Carbolic Smoke Ball Co.
This was an offer - showed clear intention to be bound.
What are the elements of an offer?
- Sets out terms.
- Terms are sufficiently clear.
- Offeror intends to be bound.
What is an invitation to treat?
It lacks the elements of an offer and instead is designed to initiate the bargaining process.
How do you distinguish an offer and an invitation to treat (and cases)?
- Is there no requirement for further negotiation?
- Harvey v Facey. - Does language clearly show intention to be bound?
- Gibson v Manchester City Council. - Objectivity in question (would it make commercial sense for offeror to be making an offer?)
- Grainger & Sons v Gough.
What is the “mirror image rule?”
Acceptance which perfectly mirrors the terms of the offer.
What is the “mirror image rule?”
Acceptance which perfectly mirrors the terms of the offer.
What does a counter-offer do?
Destroys the original offer.
