Offers

Question 1

Layout of offers

Answer 1

• Definition offer
  -Invitation to treat
• make an offer
• end an offer

Question 2

Define offer

Answer 2

• an expression of willingness to enter a contract on terms what are certain (Specified)
• Gibson v Manchester - not an offer as it lacked certainty
• Biggs V Boyd Gibbons - contained certain terms so was an offer

Question 3

ITT

Answer 3

A willingness to negotiate and receive offers.

It includes:
- Goods in a shop window (Fisher V Bell)
- auctions (British Car Auction V Wright)
- Request fo information/statement of price (Harvey v Facey)
- Advertisement (Partridge v Crittenden)
BUT
- depending on wording used can be an offer (Carllil V Carbolic Smoke Ball)

Question 4

Making offers

Answer 4

• an offer can be made by any person or business including a machine (Thornton V Shoe Lane Parking)
• offer must be communicated- the offeree needs to be aware an offer has been made to be a valid offer (IRC V Fry)

Question 5

Ending an offer

Answer 5

• revocation
• Rejection and Counter-offer
• lapse of time
• Death of an offeror
• Acceptance

Question 6

End offer - Revocation

Answer 6

• revocation - withdrawal of an offer, ((communication from a ‘reliable source’) Dickens v Dodds) before accepted (Routledge v Grant)

Question 7

End offer - rejection/counter-offeror

Answer 7

rejection/counter-offer ends. Counter-offer is a format of rejection (Hyde V Wench) BUT, mere enquiry not a counter offer (Stevenson v McLean)

Question 9

End of Offer - Lapse of time

Answer 9

• Lapse of time - Unless otherwise stated an offer will end after a reasonable period of time. (Ramsgate Victoria Hotel V Montefoire -> in this instance 5 mths too long)

Question 10

End of offer - Death and acceptance

Answer 10

• Death of an offeror - offer cannot be accepted if offeree knew offeror has died (Bradbury v Morgan)
• Acceptance is a contract not an offer