Caselaw
Chapter 3 Offer and Acceptance
1 The offer
(1) Invitation to treat
An invitation to treat is essentially an initial appproach to others inviting them to make an offer which may or may not be accepted.
e.g. The taking of articles from the shelves by the customer would normally constitute an offer to buy and not the acceptance by her or him of an offer to sell.(Pharmaceutical Society of Great Britain v Boots Cash Chemists (Southern) Ltd)
(2) Unilateral offers
If the offer is made to the world at large, for example by way of a general advertisement, then it may be accepted by anyone who reads the advertisement.
e.g. There was an offer made to all the world which was capable of acceptance by those members of the public who performed the conditions set out in the offer.(Carlill v Carbolic Smoke Ball Co)
(3) Revocation of offer
# Has to be before acceptance
To be effective the revocation of an offer, must be communicated to the offeree.
e.g. An offer could be revoked at any time before its acceptance , a revocation was not effective until it had been communicated to the offeree.(Byrne & Co. v Leon Van Tienhoven& Co)
# Acceptance of what
The offeror is bound by contract not to revoke the offer within the time specified.
e.g. In the event of the offeror in such a case purporting to revoke the offer, the purported revocation is ineffective and the offer may be accepted within the time originally specified.(Goldsborough Mort v Quinn)
2 Acceptance
(1) Acceptance of the offer
The person carrying out those acts does not do so on the faith of the offer, there is not an acceptance capable of resulting in a binding contract.
e.g. Did not act in reliance upon the offer, there was no acceptance of the offer, and therefore no contract between the parties.(R v Clarke)
(2) Counter offer ‘kills’ the original offer and itself becomes the offer
e.g. (Hyde v Wrench)
(3)Implied by actions
Acceptance may be by word of mouth, writing or conduct.
e.g. Constituted an acceptance by
1 The offer
(1) Invitation to treat
An invitation to treat is essentially an initial appproach to others inviting them to make an offer which may or may not be accepted.
e.g. The taking of articles from the shelves by the customer would normally constitute an offer to buy and not the acceptance by her or him of an offer to sell.(Pharmaceutical Society of Great Britain v Boots Cash Chemists (Southern) Ltd)
(2) Unilateral offers
If the offer is made to the world at large, for example by way of a general advertisement, then it may be accepted by anyone who reads the advertisement.
e.g. There was an offer made to all the world which was capable of acceptance by those members of the public who performed the conditions set out in the offer.(Carlill v Carbolic Smoke Ball Co)
(3) Revocation of offer
# Has to be before acceptance
To be effective the revocation of an offer, must be communicated to the offeree.
e.g. An offer could be revoked at any time before its acceptance , a revocation was not effective until it had been communicated to the offeree.(Byrne & Co. v Leon Van Tienhoven& Co)
# Acceptance of what
The offeror is bound by contract not to revoke the offer within the time specified.
e.g. In the event of the offeror in such a case purporting to revoke the offer, the purported revocation is ineffective and the offer may be accepted within the time originally specified.(Goldsborough Mort v Quinn)
2 Acceptance
(1) Acceptance of the offer
The person carrying out those acts does not do so on the faith of the offer, there is not an acceptance capable of resulting in a binding contract.
e.g. Did not act in reliance upon the offer, there was no acceptance of the offer, and therefore no contract between the parties.(R v Clarke)
(2) Counter offer ‘kills’ the original offer and itself becomes the offer
e.g. (Hyde v Wrench)
(3)Implied by actions
Acceptance may be by word of mouth, writing or conduct.
e.g. Constituted an acceptance by