Summary Contract Law. Negotiation and Acceptance. A-level aqa
5 views 0 purchase
Course
Law of contract
Institution
AQA
This summary is most of what you need to know about with case names and definitions.
- offer
-unilateral offer
- invitation to treat and how to distinguish between them.
-Acceptance
- other than acceptance how can an offer come to an end.
THE LAW OF CONTRACT SUMMARY
1. The person making the offer is the offeror.
The person receiving the offer is the offeree.
2. Invitation to Treat: it is a statement to someone which shows a willingness
to receive offers or which furthers the bargaining process.
- This leaves the person who made it able to decide whether to accept any
offers: FISHER &BELL
3. OFFER: an offer is a definite promise to be bound, provided that certain
terms are accepted.
- (if relevant) a unilateral offer is an offer of reward in return of
performing a specified act.
- It is an offer made to the whole world. Once accepted by someone it is a
unilateral contract.
- For a person to claim/accept the reward they must be aware of the
offer and must perform the specified act: CARLIL V CARBOLIC SMOKE
BALL CO.
Further info of offers:
- An offer can be specifically made to one person, or a group of people and
they can only be accepted by that person or group.
- (if applicable): a vending machine and automatic ticket machine make
standing offers: THORNTON V SHOE LANE PARKING.
OFFER COMMUNICATION
- An offer made in writing, is communicated when it is read by the offeree:
Carlill v carbolic some ball co.
- An orally made offer is communicated when the offeree hears it.
- An offer made by conduct is communicated when it is seen by the offeree.
, 4. Whether a statement is an invitation to treat, or an offer depends
on the circumstances.
- For example, the following are invitation to treat:
(if applicable). Displays of goods in shops or supermarket shelves,
is an invitation to treat: FISHER V BELL.
Advertisement, brochures of products for sale, websites and price
lists are invitation to treat: PARTRIDGE V CRITTENDEN.
- (It allows sellers to exercise choice over who they sell to.
- Also, it allows businesses to avoid problems such as demand
exceeding supply, as sellers would be in breach of contract if they
could not supply goods to all of those who responded to the
advertisement.
- Because an advert says ‘OFFER’ this does not automatically it an
offer. It can still be invitation to treat.
(if applicable): requests for bids as an auction. An auctioneer
asking for bids is an invitation to treat: PAYNE V CAVE
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 ghadahalshaikhli. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy these notes for $7.11. You're not tied to anything after your purchase.
