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offers and acceptance (offers) - Coggle Diagram
offers and acceptance (offers)
basic
offer, acceptance, consideration and legal intent
bilateral - both parties promise something
unilateral - one person promises if other performs an act
offeror - makes offer vs offeree - receiving offer
IN SAT (when situations look like offers but are not)
ITT - invitations for someone to make an offer
Fisher v Bell - goods displayed in shop always ITT
Boots - self-service displays are always ITT
Partridge - adverts always ITT
Carbolic Smokeball Co - unilateral offer to world
Gibson v Manchester City Council - letters inviting to apply are always ITT
Negotiations - what goes on before a contract is agreed
Statements of price - not offers; just as it says
Harvey v Facey - statements of price are not offers
Auctions
Payne v Cave - bid is offer, fall of hammer is acceptance, contract made when hammer falls
Harris v Nickerson - adverts for auctions and auction catalogues are always ITT
Auctions with 'reserve' - bids don't reach reserve price then it's withdrawn and owner takes it home
Auctions without 'reserve' - no minimum sale price, calls for bid is offer, means auctioneer can't refuse to sell if price is low
Barry v Heathcote Ball - auctions without 'reserve' must sell to highest bidder no matter how small
Tender - one party needs work doing or goods delivered, 'bids' are offer, party chooses which tender is acceptance,
rules of offer
Taylor v Laird - offer comes into existence when it's communicated to offeree
1) terms of offer must be certain
Guthing v Lynn - offer which has uncertain terms will not be a valid offer
Smith v Wilson - (Trade usage) trade people understanding certain specific terms
Sales of Goods Act s8 1979 - (Implies by Statute) goods must be at a 'reasonable price', law already set out terms
Hillas v Arcos - (Previous dealings) 'option' to buy wood clarified, uncertainty over old deal to clarify unclear parts of offer
Foley v Classique Coaches - (Contracts) providing certainty for vague terms
The Moorcock Case - (Officious bystander test) case gave test, asking nosey person if terms are clear, if they know then it's clear
Stevenson v McLean - exact timing
2) offer must be communicated to offeree
Williams v Carwardine - claimants motives were not relevant in receiving reward for information
R v Clarke - (Australia) cant accept offer one forgot or doesn't know, one needs explanation or reliance interest in reward in order to be recoverable
3) offer must not have been terminated
1) Revocation - taking back offer
a) before acceptance (Routledge v Grant), b) communicated (Byrne v Van Tienhoven), c) third party can do it (Dickinson v Dodds), d) unilateral offers (Errington v Errington & Woods)
2) Counter offer
Hyde v Wrench - offer terminated when counter-offer made
3) Death
Offeree - offer automatically lapses
Offeror - (AND offeree doesn't know of death and has accepted) offeror may still be bound (unless contract required personal service of offeror)
4) Rejection
5) Lapse of time
Routledge v Grant - specific date of the 6 weeks
Ramsgate Victoria Hotel Co Ltd v Montefiore - offer lapsed after a reasonable period of time