608452
Description
Mind Map by shaunna_bytheway, updated more than 1 year ago
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Created by shaunna_bytheway
about 10 years ago
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OFFER
- 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
- Death
- 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”
- 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.
- 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.
- Warlow v Harrison (1859)– in ‘without
reserve’ auctions, the placing of lots
in auction is a unilateral offer
- 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.
- 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.
- 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.
- 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.
- 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.
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