Contract Case law: Offer


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Contract Case law: Offer

  1. 1. Contract Case Law: Offer
  2. 2. R v ClarkeHeld: It was uncertain whether he was thinking about thereward at the time he coughed up the information and hetherefore couldn’t prove that the offer was in hiscontemplation at the time of his alleged acceptance.
  3. 3. Taylor v LairdHeld: His wages claim failed, owner had noknowledge of the offer and was unable to acceptit.
  4. 4. Partridge v CrittendenHeld: An advert will ordinarily be treated as aninvitation to treat not an offer and therefore Dwas acquitted.
  5. 5. P.S.G.B. v Boots Chemists [1953]Held: The Point of sale was cashdesk, displaying of product wasinvitation only.
  6. 6. Fisher v BellHeld: that offer for sale has a technical meaning inlaw, and a a shop window display is an invitation totreat and not an offer.
  7. 7. British Car Auctions v Wright [1972]Held: At an Auction there was no offer tosell the vehicle at auction and theprosecution failed.
  8. 8. Harvey v Facey [1893]Held: The court held that this was not an offer andthat a mere statement of price would only amount toan invitation to treat.
  9. 9. Gibson v Manchester County Council [1979]Held: In this case the House of Lords held that a letter statingthat someone may be prepared to sell their council house at aspecified price was an invitation to treat not an offer.
  10. 10. Carlill v Carbolic Smoke Ball Co 1893Held: a unilateral offer was an exception to thegeneral rule that an advert will amount to aninvitation to treat.
  11. 11. Hyde v Wrench (1840)Held: A counter offer or change of terms by theoriginal offeree will result in the termination of thefirst offer.
  12. 12. Byrne v Van Tienhoven (1980)Held: The offeror can withdraw the offer at any time beforeacceptance. This must however be communicated to the offereebefore the offer is accepted
  13. 13. Dickinson v Dodds (1876)Held: Notice of revocation can be receivedfrom the offeror or through knowledge gainedfrom a reliable third party
  14. 14. Ramsgate Victoria Hotel and Montefiore (1866)Held: The lapse of time between offer and acceptancewas unreasonable when buying shares given thefluctuation that may occur in market rates. The offer hadlapsed and therefore was not capable of being accepted.