Summary

Summary Flowchart: is there an offer?

0 purchase

Module
GDL

Institution
University Of Law (ULaw)

Book
Contract Law

This is a flowchart you can use to help you establish whether or not there is an offer, the first step in understanding whether there is a contract in contract law. It can be used to answer problem questions easily.

[Show more]

Preview 1 out of 1 pages

View example

Summarized whole book? No
Which chapters are summarized? This is a flowchart of the unit 1 contract law textbook 'is there an offer?'
Uploaded on March 29, 2021
Number of pages 1
Written in 2020/2021
Type Summary

Yes there is an offer!! Congratulations on achieving the first requirement of a contract
Is there an offer?
No Is there a willingness to be bound? Yes

Is it one of the following examples of an Is it one of the following examples of an offer?
Is there sufficient certainty? i.e.
invitation to treat?
are the terms of the offer clear?
The expression of an offer can be in a letter,
newspaper advert, fax verbal, email, conduct.'

Phrases like "I'm thinking of selling" that imply If seemingly 'vague phrases' mean
the lack of willingness to be bound something to the parties that will be
Customer presenting goods at the checkout.
enough for certainty. E.g. Hillas v
Pharmaceutical Society v Boots Cash Chemist
Arcos 1932 where there was a
contract to supply timber of 'fair
Goods on display? Generally considered an specification'. As there was a
Special circumstances offers: petrol pumps -
invitaion to treat. Pharmaceutical Society of relationship between the parties
acceptance when you put the petrol in your vehicle.
Great Britain v Boots Cash Chemist 1953 and they both had knowledge of
Carpark ticket machines - acceptance when you
Fisher v Bell 1961. Also counts for goods on the timber trade there was no
drive level and machine punches out a ticket.
display online. uncertainty for them.

The tender itself is an offer - although exceptions
(see invitations to treat) There can be an implied
Most advertisements Partridge v Crittenden agreement of a reasonable price -
e.g. if it's over x amount call me.
Highest bid wins tenders are also counted as offers
Or if there is a mechanism
(unilateral and therefore binding on the completion
through which any price
When a business invites contractros to submit of the act - which is submitting the highest bid
uncertainty can be resolved e.g.
a written tender.. Note that in Flyde Aero Club Harvela Investments v Royal Trust Company.)
'prevailing market price'.
v Blackpool Borough Council 1990 the council
had impliedly offered to at least CONSIDER
Advertisements of rewards: this type of advert is an No, there is still vagueness or uncertainty
all tenders that were submitted, and therefore
offer because there is an intention to be bound as
Aero club could claim adamges for lost
soon as the information is given, or act done. The absence of relevant detail will
opportunity.
Williams v Carwardine 1833 or vagueness means no contract
is able to be formed. Scammell v
Ouston
Advertisements with clear intention to be bound.
Auctions: auctioneers calling for bids is an
Carlill v Carbolic Smoke Ball. The advert claimed to
invitation to treat. Sale of Goods Act 1979. A
have put £1000 in the bank in order to pay anyone
bid is an offer, and when the auctioneer's Bilateral contracts = one party
for whom the ball didn't work. This indicated they
hammer falls it is an acceptance. makes a promise in return for
were serious.
a promise from another party
Auctions: in no reserve auctions, the calling for bids
is the offer and the highest bid is the acceptance Unilateral contracts = a promise
If it is an invitation to treat it is not an offer and
from the autioneer, not the owner of the item. Barry Yes, there is willingness to be bound in return for an act e.g. the
no contract can be formed
v Davies 2000. giving of information or a task.

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 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 alicekatherinesanders. Stuvia facilitates payment to the seller.

Will I be stuck with a subscription?

No, you only buy these notes for £3.49. You're not tied to anything after your purchase.

Can Stuvia be trusted?

4.6 stars on Google & Trustpilot (+1000 reviews)

67418 documents were sold in the last 30 days

Founded in 2010, the go-to place to buy revision notes and other study material for 15 years now

Start selling

Summary

Summary Flowchart: is there an offer?

Document information

Subjects

Connected book

More summaries for

Written for

Seller

Content preview