Offer ( Formation)
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14 Terms
What is required for an offer
must be an intent to be legally bound
clear obligations and responsibilities from each party
Puffery
invitation to treat is not an offer per Carill v Carbolic Smoke Ball
Tenders
tenders without a condition that “we will accept” is not an offer South Waikato DC v Asphlat Roading
Auctions with reserves
auctions with reserves are not an offer, the offer comes from the buyer placing a bid and the auctioneer accepting it Payne v Cave
Ads and price tags
are not an offer rather they are an invitation as the person offers by going and buying it there is no guarantee that it will be there Partridge v Crittenden
Transport cases
when the transport has offered the price etc they are foing the offering Denton v Great Northern RailRoad. When a customer buys a ticket then they are doing the offering Hollingworth v Southern Ferries.
What is an offer
tenders that state we will accept this….
auctions without a reserve price