Offer
Who is being referred to when using the terms offeror and offeree?
The offeror is the party who makes the offer
The offeree is the party who receives that offer. The offeree can then choose to accept or decline the offer.
What is NOT an offer?
Invitation to treat, mere puffs & request/supply for further information
For an offer to be effective it must be....?
offers must be effectively communicated, by the offeree to the offeror (or their authorized agent).
an offeree cannot accept an offer which they are unaware of
What is the legal definition of offer?
An offer is the expression to another of a willingness to be legally bound by stated terms.
a non-promissory statement made to induce a person to enter into a contract is referred to as what?
Mere puff
termination of an offer occurs when?
termination occurs when there is either a withdrawal or revocation of an offer
True or False?
An offer must always be in writing and can only be made to one person at a time
False...
Offers do not always need to be in writing (note: there are some exceptions where this does not apply). For example: offers can be oral.
Offers can also be to the world at large - this was witnessed in the Carlill v Carbolic Smoke Ball case
What are advertisements classed as?
a) mere puff
b) invitation to treat
c) supply of information
invitation to treat
When can an offer be terminated?
An offer can be terminated at any time prior to acceptance. Once acceptance has occurred, the parties have an agreement.
This applies even if the offeror has promised to keep it open for a set period of time. Unless the offeror has granted an offer to the offeree, if the offeree has a valid offer, the offer cannot be withdrawn before the offer period has elapsed.
How do you approach offers that are ambiguous?
You use the 'global approach'
When there is no clear 'offer', apply this approach to determine whether a reasonable person would conclude an offer has been made.
If I purchase a train ticket, is that me accepting an offer?
Yes, when I see the ticket on the machine and see its price - the offer is made. I accept this offer, when I successfully make my payment to purchase the ticket.
Can a revocation of an offer be made via a third party?
Yes.
As per Bryne v Van Tienhoven, communication is crucial for the successful revocation of an offer. This involved communication by the offeror to the offeree.
as witnessed in Dickinson v Dodds, it may be deemed sufficient if revocation is communication to the offeree by a reliable third party.
In Harvey v Facey, what was said to not be an offer?
Harvey v Facey stated a request for information or the supply of information will not be an offer if only intended to convey information to the other party.
Are tenders regarded as offers?
No, the general rule is that tenders are an invitation to treat.
How do you revoke unilateral contracts
A unilateral offer can be revoked by providing notice via the same means that was used to make the offer