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This cheat sheet provides a quick reference to concepts and cases in contract law pertaining offer.
Invitation to treat
Partridge v. Crittenden [1968] 1 WLR 1204 |
An advertisement is an invitation to treat. It is an expression of willingness to receive offers as the starting point of negotiations. |
Carlill v. Carbolic Smoke Ball Company Ltd [1893] 1 QB 256 |
Unilateral offers can be made to the world at large and acceptance need not be communicated |
Pharmaceutical Society of Great Britain v. Boots [1953] 1 All ER 482 |
The display of goods in a self-service shop is an invitation to treat |
Fisher v. Bell [1961] 1 QB 394 |
The display of goods in a shop window is an invitation to treat |
British Car Auctions v. Wright [1972] 1 WLR 1519 |
An auction sale (bid) is an invitation to treat. |
Harvey v. Facey [1893] AC 552 |
A statement of price is not an offer capable of acceptance |
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Communication of offers
Taylor v. Laird [1856] 25 LJ Ex 329 |
In order to be valid an offer must be communicated to the offeree. This means that no party can be bound by an offerof which they were unaware. |
Inland Revenue Commissioners v. Fry [2001] STC 1715 |
The offeree must have clear knowledge of the existence of the offer for it to be valid and thus enforceable. |
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Termination of offers
Byrne v. Van Tienhoven [1880] 5 CPD 344 |
The communication of revocation must be received |
Errington v. Errington & Woods [1952] 1 KB 290 |
Where there is unilateral offer, it cannot be revoked if the performance has commenced. |
Ramsgate Victoria Hotel v. Montefiore [1866] LR 1 Ex 109 |
Offers can lapse after reasonable time. What is reasonable would depend on the offer anf the subject matter of the contract. |
Financings Ltd. v. Stimson [1962] 1 WLR 1184 |
Offers terminate when certain conditions have not been met by a party. |
Bradbury v. Morgan [1862] 1 H & C 249 |
Where the offeror dies before the offer is accepted, the the offeror's personal representatives may still be bound by an acceptance provided that the offeree is ignorant of the offeror's death. |
Reynolds v. Atherton [1921] 125 LT 690 |
Where the offeree dies before acceptance, then the offer lapses and the offeree's personale representatives will be unable to accept on behalf of the deceased. |
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