write up offer/ ITT / acceptance

  1. offer

    • the starting point of a contract

    • A statement upon the which the person making the offer is willing to enter a contract

    • Can be made to a person or the whole world - CARLILL

    • it MUST be fully communicated

    • Vending machine - THORNTON (O.I.R)

  2. ITT

    • merely an indication of a willingness to start negotiations and is not an offer

    • Advertisement - PARTRIDGE v CRITTENDEN

    • Good displayed on a shop window - FISHER v BELL

    • goods in a self service shop - BOOTS

    • Auction - HARRIS

    • Giving information - HARVEY v FACEY

    • Statements/ uncertain terms - GIBSON

    • Requesting information- STEVENSON

  3. Must be fully communicated

    • how was it communicated ?

  4. Acceptance

    • agreement to the terms of an offer

    • Has to be positive and unqualified

    • Must be communicated

      • methods of communication

    • in a particular way, the only acceptance is by that method or equally effective one will be binding

      • TIN V HOFFMAN

    • Specified method of acceptance has been included for the offerees own benefit they are not obligated to accept that way

      • YATES v PULLEYN

    • Conduct - silence or inaction commit be acceptance some positive act is needed

      • FELTHOUSE v BINDLEY

    • Positive conduct can be acceptance

      • CARLILL v CARBOLLIC BALL

    • Postal rule

      • only takes place if The post is the usual method of communication between the parties involving the contract or specifically stated as the accepted method of communication of acceptance

      • acceptance takes place when correctly stamped and addressed letter is posted

      • Must be able to prove that the letter was posted

        • ADAMS

    • Exception to the postal rule

      • Making a term of their offer that acceptance Will only take effect when it is communicating to him

        • HOLLWELL v SEXURITY HUGHES

    • Acceptance by electronic and instantaneous forms of communication

      • Acceptance by telephone took place when he was received rather than when it sent

        • ENTORES

      • Should take place at a time when the offeror Could reasonably have expected to read it

        • BRIKINBON

      • If the acceptance is sent outside office hours, you will only be effective when office hours restart

        • MONDIAL

  5. Ending of an offer

    • lapse of time

      • has a fixed period of time at the end of that period the offer lapses and it comes to an end - RAMSGATE VICTORIA HOTEL

    • revocation

      • can revoke an offer before it has been accepted

      • Must be communicated the same way as the offer

      • Must receive notification of the revocation

      • ROUTLEDGE V GRANT

    • Revocation via reliable 3rd party

      • DICKSON AND DODDS

    • No revocation once performance has begun

      • ERRINGTON V ERRINGTON

    • Rejection

      • if the offer is rejected it cannot be accepted and the offer comes to an end.

      • Must be communicated

      • If tried to accept the offer after it had been accepted that a new offer (info, not needed )

      • the rejection must be clearly communicated and not a request for more information

        • STEVENSON V MCLEAN

    • Counter offer

      • rejected the original and makes a new offer

      • Must be communicated

        • HYDE V WRENCH

    • Death

      • death of the offeror

        • offer will not lapse

          • BRADBURY V MORGAN

      • Death of the offeree

        • offer lapses

        • Cannot be accepted after the offerees death by his representatives