Law of Contract - The Rule Book; Offer and Acceptance
Chen-Wishart Chapter 2
Making a contract;
Offer+Acceptance+consideration+Intention to create legal relations = CONTRACT
Common intention of the Parties
- Offeree
- Accepts
- Offer
- Offeror
“It must, to constitute a contract, appear that the two minds were at one”
“You do not look into the actual intent in a man's mind”
Offers
“ an expression of willingness to contract on specified terms made with the intention (actual or apparent) that it is to
become binding as soon as it is accepted by the person to whom it is addressed
- (Chitty on contracts, thirteenth edition, chapter 2-003)
Offers and invitations to treat
- Harvey v Facey
The mere statement of the lowest price at which the vendor would sell contains no implied promise to sell at that price
Advertisements
- Carlill v Carbolic Smoke Ball co Ltd
‘...the way in which the public would read it…’
- Partridge v Crittenden
‘... there is business sense in their being constructed as invitations to treat and not offers…’
Shops
Pharmaceutical society of Great Britain v Boots - Self service - who makes the offer?
Fisher v Bell - Window display goods with price - invitation to treat
Advertisements
Warwickshire CC v Joohnson - continuing offer?
Lasky v Economy Grocery stores - Self service - customer not bound by selecting item
Leftowitz v great Minneapolis Surplus Store - clear, definite and explicit and leaves nothing open for negotiation
Auctions
- Agent
- Seller
- Bidder
Payne v Cave - bidders offer revocable before hammer
Harris v Nickerson - Advert to hold sale not binding
Auctions Without Reserve
Warlow v harrison; auctioneer contracts with the highest bidder to accept the higher genuine bid
Barry v Davies; a Collateral contract between the auctioneer and the highest bidder that the auctioneer would sell to
that bidder
Chen-Wishart Chapter 2
Making a contract;
Offer+Acceptance+consideration+Intention to create legal relations = CONTRACT
Common intention of the Parties
- Offeree
- Accepts
- Offer
- Offeror
“It must, to constitute a contract, appear that the two minds were at one”
“You do not look into the actual intent in a man's mind”
Offers
“ an expression of willingness to contract on specified terms made with the intention (actual or apparent) that it is to
become binding as soon as it is accepted by the person to whom it is addressed
- (Chitty on contracts, thirteenth edition, chapter 2-003)
Offers and invitations to treat
- Harvey v Facey
The mere statement of the lowest price at which the vendor would sell contains no implied promise to sell at that price
Advertisements
- Carlill v Carbolic Smoke Ball co Ltd
‘...the way in which the public would read it…’
- Partridge v Crittenden
‘... there is business sense in their being constructed as invitations to treat and not offers…’
Shops
Pharmaceutical society of Great Britain v Boots - Self service - who makes the offer?
Fisher v Bell - Window display goods with price - invitation to treat
Advertisements
Warwickshire CC v Joohnson - continuing offer?
Lasky v Economy Grocery stores - Self service - customer not bound by selecting item
Leftowitz v great Minneapolis Surplus Store - clear, definite and explicit and leaves nothing open for negotiation
Auctions
- Agent
- Seller
- Bidder
Payne v Cave - bidders offer revocable before hammer
Harris v Nickerson - Advert to hold sale not binding
Auctions Without Reserve
Warlow v harrison; auctioneer contracts with the highest bidder to accept the higher genuine bid
Barry v Davies; a Collateral contract between the auctioneer and the highest bidder that the auctioneer would sell to
that bidder
