Contract - Offer Principles

offer

offer

a proposal showing a willingness to contract on firm and definite terms.

Carlill v Carbolic Smokeball Co

A newspaper ad is an unilateral offer if there are specific terms attached, when accepted becomes bilateral.

Wilkie v London Passenger Transport Board

An offer can be implied from the offeror's conduct.

Gibson v Manchester City Council

An offer must be in clear and definite terms.

Harvey v Facey

A request for further information is not an offer

Thornton v Shoe Lane Parking

An offer can be made by a machine

Fisher v Bell

A display of goods is an invitation to treat, not an offer

Partridge v Crittenden

An advertisement is an invitation to treat, not an offer

BCA v Wright

An auctioneer asking for bids is an invitation to treat; the bids are offers.

Byrne v van Tienhoven

Revocation of an offer must be communicated to the offeree.

Dickinson v Dodds

Revocation can be communicated by a reliable third party.

Errington v Errington

Once acceptance has begun, an offer cannot be withdrawn.

Shuey v US

Revocation must be by same method or one of equal notoriety as the original offer

Hyde v Wrench

A counter-offer extinguishes the original offer.

Stevenson v McLean

A request for further information is not a counter-offer.

Ramsgate Victoria Hotel v Montefiore

If no time period is specified, an offer will lapse after a reasonable period of time.

Bradbury v Morgan

Death ends the offer if it is of a personal nature.