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9 Cards in this Set

  • Front
  • Back

Offer

An offer must be capable of acceptance (not vauge) and it must be communicated from one party to the other. It must include the intention to be legally bound. It may be verbal, writing or some other form.

Invitation to Treat

An offer is not an invitation to treat. An invitation to treat includes displaying goods in a shop or on a website.

Fisher v Bell (1960)

A display of flick-knives was held to be an invitation to treat rather than an offer. i.e an expression of willingness to receive an offer which can then be accepted or rejected.

Pharmaceutical Society of GB v Boots Cash Chemists (Southern) Ltd (1952)

Established that putting medicines on shelves was again not an offer but merely an invitation to treat. The offer would come later when the customer took the medicines to the counter and offered to buy them.

Promises

Not binding in England. In Scots Law a promise is a legally enforceable obligation and there is no need for acceptance. The promisor does not need a response from the promisee to be bound by it.

Hunter V General Accident Fire and Life Assurance Corporation Ltd (1909)

Mr Hunter bought a Letts diary containing a coupon advertising that Letts would pay money to the estate of any customer who registered his name with the head office and who died/ was injured in a rail accident within 12 months of doing so. He registered under scheme and unforunately was killed in an accident and his estate claimed the money. Even though this could have been decided under the law of promise it was held that the advert in the coupon was an offer.

When will an offer lapse?

1. Acceptance


2. After a time limit placed on the offer expires


3. "reasonable period of time"


4. Death, insanity and bankruptcy


5. Counter-offers(qualified acceptance) causes the original offer to lapse


6. Desctruction of subject matter


7. Supervening illegality or impossibility


8. Rejection

"Reasonable Period of time"?

The definition will depend on the type of contract and the conditions around it: in a commerical contract, therefore, the stability of prices and the way the business is usually done will be taken in to account.


The definition will depend on the type of contract and the conditions around it: in a commerical contract, therefore, the stability of prices and the way the business is usually done will be taken in to account.

Wylie and Lochhead v McElroy and Sons (1873)

The parties were in negotiations over iron-work for new business premises. The original offer to carry out the work was made in April but was not accepted until 5 weeks later (and even then not on identical terms) M and sons argued that because of the length of time delay and the fact iron prices fluctuate on a regular basis the original offer was no longer available for acceptance.