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
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