OFFER - created from Mind Map

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Definition of Offer, Termination of Offer

Trietel defined an offer as “an expression of willingness to contract on certain terms, made with the intention that it shall become binding as soon as it is accepted by the person to whom it is addressed”

Hyde v wrench-Counter offer

Death

Refusal or Acceptance

Ramsgate Victoria Hotel-Lapse of Time

TENDER

Blackpool & Fylde Aero Club v Blackpool DC [1990]– call for tenders – tender submitted in time - postbox was not cleared in time – tender not considered. Fictional contract created to cover tendering process – held that implied condition to consider all tenders received in time. Council had unilateral contract with Aero club and were liable to Aero club for loss of opportunity.

Harvey v Facey [1893] asked to indicate minimum price for a property known as “Bumper Hall Pen” – reply was £900 – held not to be an offer, but merely an indication of price – no intention to be bound by the statement made. Will theory – the person making the statement did not do so with the intention of entering a contract with that specific person. Freedom of contract allows you to choose who to enter into agreements with. The offeree said that they would pay the £900 asked – this was deemed to be the offer, which was never accepted.

Advertisements Partridge v Crittenden [1968] – advertisement (including prices) – wild birds for sale – statute said - offence under the Protection of Birds Act 1954 to offer birds for sale – no details as to delivery or quantity of birds available – the advertisement was held to be invitation to treat.

AUCTION.Harris v Nickerson (1873) – advertisement of auction – person travelled to auction – auction cancelled – sued for breach of contract – held that the advertisement was only an invitation to treat. According to s57(2) Sale of Goods Act 1979, the sale by auction is complete on the fall of the auctioneer’s hammer, in which case that is the acceptance. The bids are offers which can be withdrawn at any time before acceptance. When the auctioneer calls for bids, he is inviting offers, ie invitation to treat

Warlow v Harrison (1859)– in ‘without reserve’ auctions, the placing of lots in auction is a unilateral offer

Great Northern Railway v Witham (1873). D. argued that a conditional promise (e.g. “if you do this, I will pay you.”) could not result in a contract because there is no reciprocity from the promisee, i.e. only the promisor is bound when the promise is made. Held: a conditional promise could result in a contract, as a matter of everyday practice – this is a unilateral contract.

SHOPS

Fisher v Bell [1961] – offence to offer flick knives for sale under the Restriction of Offensive Weapons Act 1959 – held to be an invitation to treat.

Pharmaceutical Society of Great Britain v Boots Cash Chemists [1953] – Items displayed in a shop are invitations to treat.

UNILATERAL CONTRACTS

A unilateral contract is effectively a promise in return for an act. Sometimes referred to as “if” contracts. Ie, if you find my lost dog, I will pay £100.

CARLIL SMOKE BALL

The company stated that any person who used the smoke ball as directed and who subsequently caught influenza would receive a payment of £100. The advertisement was an offer. An offer does not have to be made to a specific person; it can be made to the whole world. She used the smoke ball in the preescribed manner and therefore resulted in the acceptance of the offer.

OFFER