Class notes
Offer and Acceptance
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Lecture notes including key cases, analysis and theories
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Topic 1 Offer and Acceptance2/10/18
Main question: Has an actual contract been formed?
Offer + Acceptance= Contract
5/10/18
Find the offer by looking through the whole conversation, not always at the first
communication
What are the legal requirements of an offer?
Offer: Is an expression, by words or conduct, of a willingness to be bound by specified terms
as soon as there is an acceptance by the person to whom the offer is made
Specific terms can show you are going to stick to what you said, more specific, more likely
Adverts in magazines etc. aren’t usually interpreted as contractual offers so therefore
Carlill v Carbolic Smoke Ball Company (1893) was a strange case to be passed
If a request is given and then the seller provides an answer to the request, its not an offer
just information that was asked for as seen in Harvey v Facey (1893) As there was no offer
then the other party could not legally accept therefore no contract
Difference between Blue v Ashley and Carlill v Carbolic Smoke ball company
Offer vs Invitation to treat (Invitation to make an offer)
9/10/18
Adverts are usually “invitations to treat” therefore it cannot be accepted
Partridge v Crittenden 1968 was an advert in a magazine for the sale of birds
This wasn’t an offer because it was commercially unworkable, millions of people could
“accept” it
However,
Lefkowitz v Great Minneapolis Surplus Store 1957 (SC in US) was an advert for 3 fur coats for
$1 first come first serve, as there was only a specific number of coats it’s considered an offer
because when 3 people buy the coat the offer is over
Legal responses to an offer:
Rejection
Counter offer
Acceptance
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