Law - offer and acceptance

define an invitation to treat

an indication that a person is willing to negotiate a contract with another, but is not yet willing to make a legal offer

is a shop display an invitation to treat or an offer … why?

displays are invitations to treat, as the displays are inviting a person to buy the products but aren’t yet willing to make a legal offer

is an advert normally an invitation to treat or an offer…why?

adverts are usually an invitation to treat

was the advert in carlil v carbolic smoke ball co an offer or ITT

an offer

define an offer

an expression of willingness to contract on certain terms

when is an offer made

when the offer has been communicated to the offeree

explain the different ways an offer can be terminated

revocation - termination of an offer

rejection/ counter offer - rejected or made a new offer '

time limit/ lapse of time - offers will expire if given a time limit, or after a reasonable time

death of either party

what doesnt terminate an offer

request for information

what is the definition of an acceptance

a final and unconditional agreement to all the terms of the offer

can you accept an offer by silence… why?

no as the party has not agreed to the terms of offer

how do you accept a unilateral offer

through performance

if the offer stipulates a certain method of acceptance, does the offeree have to accept in this way?

it depends on the courts interpretation of the parties intentions

when does acceptance take place with post

when the letter is posted

when does acceptance take place with conduct

when a person carries out offer and acceptance without writing a contract or formally saying they accept

when does acceptance take place with electronic means of communication

acceptance takes place when the parties intend it to be accepted