Contract - Offer Principles

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17 Terms

1

offer

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

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2

Carlill v Carbolic Smokeball Co

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

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3

Wilkie v London Passenger Transport Board

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

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4

Gibson v Manchester City Council

An offer must be in clear and definite terms.

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5

Harvey v Facey

A request for further information is not an offer

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6

Thornton v Shoe Lane Parking

An offer can be made by a machine

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7

Fisher v Bell

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

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8

Partridge v Crittenden

An advertisement is an invitation to treat, not an offer

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9

BCA v Wright

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

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10

Byrne v van Tienhoven

Revocation of an offer must be communicated to the offeree.

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11

Dickinson v Dodds

Revocation can be communicated by a reliable third party.

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12

Errington v Errington

Once acceptance has begun, an offer cannot be withdrawn.

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13

Shuey v US

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

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14

Hyde v Wrench

A counter-offer extinguishes the original offer.

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15

Stevenson v McLean

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

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16

Ramsgate Victoria Hotel v Montefiore

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

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17

Bradbury v Morgan

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

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