Please enable JavaScript.
Coggle requires JavaScript to display documents.
Offer: statement of specified terms that promisor intends to be bound by
Offer: statement of specified terms that promisor intends to be bound by
ITT
Shop windows: Fisher v Bell in some Australian cases ITT has been construed as an offer as well Attorney-General v (NSW) v Mutual Home Loan
Auctions unless it is a ''without reserve'' which means that it must be to greatest bona fida bid even its lower than true value. Warlow v Harrison. withou reseve auctions consist two separate contract one auction one auctioner and bidder the latter can be sued upon. online auction such as Ebay in Australia is An offer
Advertisement : unless it is a reward ad. which is an offer
Tendering: Spencer v Harding expressing willingness for goods or services by calling for firm price EOI, then accept or not, in some exceptional cases it may be an offer due to wording or the way of calling for example when he or she promises to accept the most competitive bid Harvela Investment Ltd v Royal Trust co of Canada Ltd
Offers: present intention to be bound by any potential acceptance
To world at large such as reward for finding a dog Carlill v Carbolic Smoke Ball Co
Courts 3 main consideration on ITT vs offer case
limitation on whats being offered: one per customer or untill stocks run out are intended to be as an offer rather or rainchecks
limitation on who can accept: ex. offering reduced price for those first 20 customers .Lefkowitz v Great Minneapolis Surplus Store even if an advertisement it is like a reward
the terminology that offeror used
Puffery is not an offer Leonard v Pepsico Inc
Become effective and can be accepted when communicated
must know the offer to accept it if after fulfilling claiming not important Fetch v Snedakar
Motive of the acceptor is immaterial KONWLEDGE of the offer is essential Williams v Carwardine HOWEVER OFFER MUST BE IN MIND OF OFFEREE'S AT THE TIME OF ACCEPTANCE AND ACCEPTANCE SHOULD BE IN RESPONSE TO THAT R v Clarke it means should be true acceptance of the offer
Cross-offers: 2 parties put offers to one another at the same time in the same or substantially the same terms there are 2 offers but no accept and no contract
5 avaliable alternatives to an offer
counter offer (rejection) Hyde v Wrench also read battle of the forms p.64-65
seek further information: not an acceptance HOWEVER IS NOT A REJECTION AS WELL LIKE COUNTER-OFFER Stevenson, Jacques & co v McLean
reject it
do nothing at all
accept an offer in terms
termination of contract: can be at any time before acceptance
lapse of time: reasonable time base on subject matter and the means used to communicate the offer for standing offers (open-ended)
offeror explicitly out time limit
time is implied from circumstances
change of circumstances:offer remains open as long as the existing state of affairs continues
rejection by the offeree: like revocation in terms of communication
death of party: which party, whether there is other bearing. ee passed away can not accept. offeror died it depends at the time of acceptance ee knew or not. if the offer needs the personal involvement of the now deceased offeror, it can not be accepted. ee died is no longer subject to acceptance the offer is not personal and option to increase its estates wealth it is possible to be accepted.
Revocaton by the offeror: can be at any time before acceptance even in open offer (option) ( nudum pactum naked promise) Routledge v Grant unless deposit ( consideration or deed) involved Goldsborough Mort & Co Ltd v Quinn, offeror formally withdraw Payne v Cave
in auction acceptance occurs on the fall of hammer. can be by words or by inconsistent act provided that the offeree notices that (Dickinson v Dodds)
offeree must be aware if not revocation is not valid untill his/ her awareness
Revocation of offers to the world at large: by notifying the revocation in the exactly same way or at least with same degree of circulation and notoriety. n thsi way revocation is valid. Shuay, Executor v United States
revocation of unilateral contract two offers one is main subject 2nd promise is not to revoke until the acceptance is completed (within reasonable opportunity).: once the action started by the offeree the acceptance is constituted. and no revocation is valid after that.now is not the case offeror can revoke it but liable for damages because the second promise (ancillary unilateral contract was breached.Injunction can be considered by both parties as well
supervening incapacity: physical or mental
failure to meet the conditions: when those conditions must be met before finally it is accepted McCaul (Aust) Pty Ltd v Pitt club Ltd.