Learn: 24 Offer

An offer must be (3)

clear, precise, capable of acceptance as it stands

Statement of price and an offer being clear, precise and capable case?

Harvey v Facey

Harvey v Facey

Lowest price acceptable £900, Will you sell me Bumper Hall Pen?

Four commonly occurring situations

advertisements, display of goods for sale, mere statement of price, auction sales

Advertisement = invitation to treat case?

Patridge v Crittenden

Patridge v Crittenden

25s each poster

Display of goods = invitation to treat case?

Fisher v Bell

Fisher v Bell

Flick knife on display, vicarious liability.

Auction sales offer?

invitation to make a bid

Auction sales acceptance?

bang hammer down

Auction sales withdrawal?

before hammer bangs down

offer needs to be communicated?

to the offeree

certainty case?

foley v classique coaches

foley v classique coaches

price time to time agreed

counter offer case?

hyde v wrench

hyde v wrench

counter offer of £950, not breach

request for information case?

Stevenson v McLean

Stevenson v McLean

ship in stages not all at once? just inquiry = not counter offer = breach

Terminating anytime before acceptance?

Routledge v Grant

Routledge v Grant?

house taken off market before acceptance

What is an option agreement?

Owner keeps offer open for a consideration deducted upon support or lost if not exercised.

Third Party

Dickinson v Dodds

Dickinson v Dodds

sold house elsewhere, third party

acceptance must be

unconditional

rejection/counter offer

must be genuine

death of offeree

ceases the offer

death of offeror known

lapses

offeror doesnot know about the death of the offeror

binding unless personal element

failure of a condition precedent

cannot be accepted