OFFER

OFFER

1. A Contract is defined by Pollock as: "A promise or set of promises enforceable by law"

   • These enforceable promises come in the form of a legal offer.
   • A legal offer is an essential ingredient of a contract.
   • The courts need to distinguish between promises which aren't legally binding known as a gratuitous promiise
     • A promise which demands nothing in return

2. Trade Puffs

   • Statements made with the intention of enhancing the product
     • "Carlsberg probably the finest larger in the world"
     • "Red Bull gives you wings"

3. "An expression of willingness to contract on certain terms with the intention (actual/apparent) become binding as soon as i is addressed to the person to whom it is addressed"

   • OR
     • "An expression of readiness to do something (to purchase or sell) which if followed by an uncondotional acceptance of another person, results in a contract".

4. Types of an Offer

   • Specific Offer
     • "Made to an individual or specific group of people".
   • General Offer
     • "Made ti the world at large
   • Unilateral offer (contract)
     • "A promise which demands an act in return"
   • Bilateral offer (contract)
     • "A promise which demands a promise in return"
   • Co- latteral offer (contract)
     • "A promise to enter into a minor contract in return for a promise to form a major contract".

5. Invitations to Treat

   • Offers are sometimes difficult to identity.
   • The Judges over the years have distinguished between an offer and invitation to treat.
     • Invitations to treat may look like an offer but in fact they are inviting individuals to make an offer.
       • Invitations to treat do not intend legal consequences only offers do. They can be described as "non serious offers".
   • Distinguishing ITT/ Offer
     • The courts need to be able to distinguish the two.
       • "The offeror must not merely have been feeling his way towards an agreement.. but must be intending to be bound it without further negotiations".
     • The courts need to know the difference in order to provide a remedy for someone who has suffered a breach of a legal promise.
       • Over the years they have developed presumptions about certain every day situations.