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Offer

Chantal Briancon Contract Law LLB Englisch 28 Karten

Karten in diesem Stapel (28)

  1. 1What is an offer?An offer is a proposition made by one party to another on terms that are fixed or are capable of being fixed with the intention that they will become legally binding on both parties when accepted.
  2. 2HARVEY V FACEYThe request by Harvey was not an offer. It was further enquiry for information. Therefore, this was described as an invitation to treat as there was clearly not legal intention.
  3. 3What is an invitation to treat?'An invitation to treat is not made with the intention that it will be binding as soon as the person whom it is addressed communicates his assent to the terms'. Therefore, it only shows a willingness to start negotiations.
  4. 4FISHER V BELLEstablished that an invitation to treat is merely an invitation for offers.
  5. 5PARTRIDGE V CRITTENDENThe defendant was not committing an offence - the offers of the birds were merely an invitation to treat and not an offer for sale.
  6. 6What is a unilateral offer?An unilateral offer is a form of an invitation to treat that is made to the world entire. The offeror provides a promise in exchange for the performance of an act by the offeree. If the other party fufilles this act, the offeror is legally obliged to carry out his promise.
  7. 7CARLIL V CARBOLIC SMOKE BALL COMPANYDefined a unilateral offer. Established that the acceptance of an unilateral offer does not need to be communicated as it is done through full performance.
  8. 8What are tenders?Tenders are a estimate given in response to a request. These are also regarding as being invitation to treats and therefore, the offeror is not legally bound to whoever offers the best price.
  9. 9SPENCER V HARDINGEstablished that tenders are invitations to treat. The claimant could not sue the defendant for rejecting his best offer as there was no offer being made.
  10. 10HARVELA V ROYAL TRUSTEE COMPANY OF CANADAAnother example of tenders.
  11. 11BLACKPOOL FYLDE V BLACKPOOL CITY COUNCILAnother example of tenders.
  12. 12What are auctions?Auctions take the form of a unilateral offer. Therefore, the highest bid will be accepted by the auctioneer. In auctions with a reserved price, each bid is an offer that is accepted by the auctioneer.
  13. 13HARRIS V NICKERSONAn advertisement for an auction was defined as being an invitation to treat only. There was no intention to be legally bound.
  14. 14PAYNE V COVEThe acceptance of an offer is communicated within an auction through the bang of the hammer.
  15. 15What are advertisements?Advertisements are often defined as being unilateral offers or invitations to treat. Therefore, they often have no intention to be legally bound to those viewing the advert.
  16. 16LEFTKOWITZ V MINNEAPOLIS SURPLUS STOREAn advertisement may be an offer for sale and may have an intention to be legally bound if the wording of the advert suggests so.
  17. 17PARTRIDGE V CRITTENDENExample of an advertisement being an invitation to treat only.
  18. 18CARLIL V CARBOLIC SMOKE BALL COMPANYExample of an unilateral offer taking the form of an advertisement.
  19. 19Was the offer sufficiently certain?For the offer to be valid, it must be established that the offer was sufficiently certain. Any offer that is deemed as being vague or unclear will not be a valid offer.
  20. 20LOFTUS V ROBERTSThe offer 'a West End Salary to be agreed upon' was deemed as being too vague. Therefore, this did not constitute as an offer.
  21. 21WALFORD V MILESAn agreement to agree was deemed as not being a clear and valid offer. An agreement to accept the offer at a later date also does not constitute to a proper offer.
  22. 22Is there a legal intention in domestic agreements?In contract law, the law presumes that there is no intention to be legally bound in domestic agreements - these being agreements between family.
  23. 23BALFOUR V BALFOURAn agreement between a husband and wife will have no intention to be legally binding.
  24. 24MERRITT V MERRITTAn agreement made between a couple who are separated will be viewed as being made with the intention of it being legally binding.
  25. 25SIMPKIN V PAYSIn this case, there was no presumption of the parties to be legally bound as one of the parties was not family.
  26. 26Is there a presumed legal intention in commercial agreements?The law presumes that an agreement between businesses has the intention of being legally bound.
  27. 27ESSO PETROLEUM V COMMISSION OF CUSTOMSEstablished that there is a presumption of legal intention within commercial agreements.
  28. 28ROSE AND FRANK V CROMPTON BROTHERSSome clauses may rebut the intention to be legally bound in business agreements.

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LLB Contract Law Karteikarten am Offer, erstellt von Chantal Briancon am 25/04/2016.
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