Someone recently bought our

students are currently browsing our notes.

X

Offer Notes

GDL Law Notes > GDL Contract Law Notes

This is an extract of our Offer document, which we sell as part of our GDL Contract Law Notes collection written by the top tier of Cambridge/Bpp/College Of Law students.

The following is a more accessble plain text extract of the PDF sample above, taken from our GDL Contract Law Notes. Due to the challenges of extracting text from PDFs, it will have odd formatting:

Revision: Contract

[AGREEMENT- OFFER]

*

Agreement - for an offer to exist the offeror must make a clear and certain offer and the other party (offeree) needs to communicate an equally clear acceptance

TREITEL - 'Expression of willingness to contract on specified terms made with the intention that it is to become legally binding as soon as it is accepted by the person to whom it is addressed' Bilateral/Unilateral

*

Bilateral - most common - both parties assume an obligation to each other - promise to do something

*

Unilateral - one party makes an offer or proposal in terms which call for an act to be performed by one of more other parties o

Doesn't involve mutual promises - only one party assumes an obligation

o

Offer cannot be accepted by promising to perform - only by actual performance

Must be: 1) Certain 2) Communicated to offeree 3) Must show intention to enter into legal relationship Certainty of offer Cases: 1) Gibson v Manchester City Council Vs. 2) Storer v Manchester City Council

*

Language to Storer was clear/certain whereas in Gibson there was no binding contract because he was never made an offer by the council - 'may be prepared to sell'

Invitations to treat are NOT AN OFFER

*

Fisher v Bell - defendant displayed a flick-knife in his shop window - but not convicted under the Restriction of Offences Weapons Act 1959 - because it was merely an invitation to treat 1

Revision: Contract

[AGREEMENT- OFFER]
o

If display in shop was an offer - then the shopkeeper would be compelled to sell the goods to anyone who picked it up

*

Pharmaceutical Society of GB v Boots Cash Chemists self-service shop - selling medicines without chemist's supervision - but - not guilty because chemist at every till where the contract took place o

Logic - would be inconvenient for shoppers as whenever they pick up an item - would constitute an acceptance

o

And the shopkeeper has chance to refuse sail

ADVERTISEMENTS

*

Regarded as statements inviting further negotiations or invitations to treat

*

Partridge v Crittenden- notice read 'Bramblefinch, cocks and hens, 25s each' - placed in the classified advertisements page of a periodical - accused of trying to unlawfully offer sale of a wild live bird - BUT wasn't an offer so not guilty

*

Advertisement by an auctioneer that certain good would be sold at a specified location on a specific date - invitation to treat Harris v Nickerson

*

Grainger & Son v Gough - wine-lists circulated by a wine merchant - nothing more than an invitation to treat, as inevitably stocks of wine would be limited but - obiter statements by judge - if a supplier is also a manufacturer, there be an inference that there is an offer on the basis that theoretically he might have limited supplies

Exceptions:

*

It's different where the offer is unilateral o

Carlill v Carbolic Smoke Ball CO advert offering to pay PS100 to anyone who got the flu having used it - said they had deposited PS1000 in the bank to demonstrate their sincerity - claimed it had been a joke - but court claimed that a unilateral offer had been made

o

But Leonard v. Pepsico Inc. (US) Pepsi tokens - teenager collected 7 mill as required by advert to win a jet - court held that it had clearly been a joke - not clear/certain 2

Buy the full version of these notes or essay plans and more in our GDL Contract Law Notes.