Class notes
Contract law Contract formation
- Course
- Institution
Lecture notes of 1 pages for the course at City (,)
[Show more]
Seller
Follow
leezam
Content preview
L2 ~ CONTRACT FORMATIONTuesday, October 12, 2021 12:25
Offer or invitation to treat:
-Definition: To amount to an offer, the offeror must make
a clear, unequivocal statement that she will regard herself as legally bound to
perform her promise if the other party accepts her offer.
-No requirement for a particular form- could be oral or in writing.
-Distinguish offers from “invitation to treat” (steps in the pre-contractual
process; negotiating steps).
-It will not always be easy to tell the difference, as the cases show.
-Intention is key
-An offer has to be clear and unequivocal
-Harvey v Facey 1893
-Harvey sent a Telegram to Facey which stated: -
“Will you sell us Bumper Hall Pen? Telegraph lowest cash price-
answer paid;”
-Facey replied by telegram:-
“Lowest price for Bumper Hall Pen £900.”
-interests in negotiations here more than making an offer.
Negotiating doesn’t necessarily mean an offer has been made and
therefore no contract was made
-Privy Council: communication was only an expression of
willingness to negotiate, not a binding commitment.
-It was only a demonstration of potential interest to sell at some
point.
-There was no intention to be legally bound merely in responding to
a request for further information
Gibson v Manchester City Council (1978) (HL)
-Specific performance sought by claimants
-Lord Denning in the Court of Appeal: Contract made
-House of Lords: No binding contract because no offer capable of
acceptance had been made
-Equivocal language: ‘may be prepared to sell’ and ‘prepared to make a
formal application to buy’
-Statements were merely Invitations to Treat not offers capable of being
The benefits of buying summaries with Stuvia:
Guaranteed quality through customer reviews
Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.
Quick and easy check-out
You can quickly pay through credit card or Stuvia-credit for the summaries. There is no membership needed.
Focus on what matters
Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!
Frequently asked questions
What do I get when I buy this document?
You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.
Satisfaction guarantee: how does it work?
Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.
Who am I buying these notes from?
Stuvia is a marketplace, so you are not buying this document from us, but from seller leezam. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy these notes for $13.07. You're not tied to anything after your purchase.
Can Stuvia be trusted?
4.6 stars on Google & Trustpilot (+1000 reviews)
56326 documents were sold in the last 30 days
Founded in 2010, the go-to place to buy study notes for 14 years now