Offer and Acceptance
Contract Law-
Offer and Acceptance
Enforcement of promises
Criteria:
1. Offer and corresponding Acceptance 2. Consideration 3. Intention to create legal relationship 4. Certainty
I. Formative elements – will theory of K
Offer - an expressionof willingness to contract upon certain terms – binding upon acceptance
Requisites:
(a) Offer will become binding upon acceptance; and [may be prepared to sell] (b) Nothing further remains to be done
If no an offer, what is it? * An invitation to treat- an invitation to make an offer * Supply of information * A statement of intention
Boots – display of goods – ITT is not an offer
Partridge v Crittenoren – advertisement was an ITT[rule]
Purpose/ underlying reason behind this rule: * If it is an offer then it will be bound by K if anyone accept the offer. Otherwise, it will be breach of K * For the case of Partridge, it cannot be offer because Partridge cannot unlimited supply of birds to everybody who accepted his offer from advertisement. Except manufacturer * Exception- offer of a unilateral K(Carlill)
e.g. Machines in car park - this is an offer – because it is ready to receive money.
Harvey v Facey –
Facey provided the least price that she would like to receive but not an offer to Harvey
Harris v Nikerson-
The adverstisement only showed the intention of Nikerson
Bilateral K-
Purchase of tissues from Boots - obligation arise from the outsets upon both parties
Clm’s- pay ; Boots’- provide
Offer of a unilateral K – only party is obliged from the outset/beginning * Advertisement under unilateral K which is binding. In general, ad. is not an offer. * Communication of the offer
R v Clarke (1927)- no assent without knowledge of the offer * Communication of the Acceptance
Postal acceptance rules – to what affect? a. It operates as an exception to the general rule the acceptance to be good must be communicated b. It only operates
Offer and Acceptance
Enforcement of promises
Criteria:
1. Offer and corresponding Acceptance 2. Consideration 3. Intention to create legal relationship 4. Certainty
I. Formative elements – will theory of K
Offer - an expressionof willingness to contract upon certain terms – binding upon acceptance
Requisites:
(a) Offer will become binding upon acceptance; and [may be prepared to sell] (b) Nothing further remains to be done
If no an offer, what is it? * An invitation to treat- an invitation to make an offer * Supply of information * A statement of intention
Boots – display of goods – ITT is not an offer
Partridge v Crittenoren – advertisement was an ITT[rule]
Purpose/ underlying reason behind this rule: * If it is an offer then it will be bound by K if anyone accept the offer. Otherwise, it will be breach of K * For the case of Partridge, it cannot be offer because Partridge cannot unlimited supply of birds to everybody who accepted his offer from advertisement. Except manufacturer * Exception- offer of a unilateral K(Carlill)
e.g. Machines in car park - this is an offer – because it is ready to receive money.
Harvey v Facey –
Facey provided the least price that she would like to receive but not an offer to Harvey
Harris v Nikerson-
The adverstisement only showed the intention of Nikerson
Bilateral K-
Purchase of tissues from Boots - obligation arise from the outsets upon both parties
Clm’s- pay ; Boots’- provide
Offer of a unilateral K – only party is obliged from the outset/beginning * Advertisement under unilateral K which is binding. In general, ad. is not an offer. * Communication of the offer
R v Clarke (1927)- no assent without knowledge of the offer * Communication of the Acceptance
Postal acceptance rules – to what affect? a. It operates as an exception to the general rule the acceptance to be good must be communicated b. It only operates