Offers (Contract Formation)

Question 1

What is an offer? (Offers)

Answer 1

• An expression of willingness to enter a contract on terms which are certain
• If accepted, an offer can become a contract

Question 2

Cases for offer (Offers)

Answer 2

• Gibson v Manchester City Council (not offer)
• Biggs v Boyd Gibbons (was offer)

Question 3

What is an invitation to treat? (Offers)

Answer 3

• A willingness to negotiate and receive offers
• One stage before an offer, so it cannot turn into a contract

Question 4

Goods in a shop windows or shelf ITT (Offers)

Answer 4

Not an offer

Question 5

Case for goods in a shop windows or shelf ITT (Offers)

Answer 5

Fisher v Bell

Question 6

Advertisements ITT (Offers)

Answer 6

Not an offer

Question 7

Case for advertisements (Offers)

Answer 7

Partridge v Crittenden

Question 8

Auctions ITT (Offers)

Answer 8

Not an offer

Question 9

Case for auctions (Offers)

Answer 9

British Car Auctions v Wright

Question 10

Request for information/statement of price ITT (Offers)

Answer 10

Not an offer

Question 11

Case for request for information/statement of price (Offers)

Answer 11

Harvey v Facey

Question 12

Who can make an offer? (Offers)

Answer 12

Any person or business, including a machine

Question 13

Case for who can make an offer (Offers)

Answer 13

Thornton v Shoe Lane Parking

Question 14

Communicating an offer (Offers)

Answer 14

The other person needs to know that an offer has been made

Question 15

Case for communicating an offer (Offers)

Answer 15

IRC v Fry

Question 16

Revocation EAO (Offers)

Answer 16

Withdrawal of an offer and must be communicated before acceptance

Question 17

Case for revocation EAO (Offers)

Answer 17

Routledge v Grant

Question 18

Rejection/counter offer EAO (Offers)

Answer 18

• Rejection ends an offer
• Counter-offer is a type of rejection

Question 19

Case for rejection/counter-offer EAO (Offers)

Answer 19

Hyde v Wrench

Question 20

Lapse of time EAO (Offers)

Answer 20

Unless otherwise stated, an offer will expire after a reasonable period of time

Question 21

Case for lapse of time EAO (Offers)

Answer 21

Ramsgate Victoria Hotel v Montefiore

Question 22

Death of offeror EAO (Offers)

Answer 22

An offer cannot be accepted if the offeree knows the offeror has died

Question 23

Case for death of offeror EAO (Offers)

Answer 23

Bradbury v Morgan

Question 24

Acceptance EAO (Offers)

Answer 24

Once a valid offer has been accepted, there is a contract and the offer ends