Offer and Invitation Word Scramble
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| Question | Answer |
| What is a contract? | A legally binding reciprocal agreement. |
| What are the components of a valid contract? | Offer, acceptance = agreement + consideration with intention |
| What is an offer? | A clear, certain and unambiguous statement of the terms on which the offerer is willing to contract should the offeree elect to accept. |
| What is a unilateral offer? | An offer which involves performance on one side making obligatory the promise on the other and in which only one party is bound. |
| What is a bilateral contract? | A contract in which both parties promise to perform mutual duties and in which both parties are bound. |
| What is an invitation to treat? | A statement made without intending a contract to result if the other party indicates their consent. |
| Name different types of invitations to treat? | Advertisements, goods in windows, auctions, invitations to tender |
| What was the point in Leonard and Pepsi Co? | The advertisement was 'mere puffery' - a representation no reasonable person would expect to be true. |
| What are exceptions to the rule that advertisements are invitations to treat? | Where the contract is clear and explicit and leaves nothing open to negotiation. Where a unilateral offer indicates an intention to be bound. |
| What was the point in Lefkowitz? | The offer was clear, definite and explicit. It left nothing to be negotiated (first come, first served). Therefore, it was a unilateral offer and not an invitation to treat. |
| What was the point in Carlill and Carbolic Smoke Co? | The presence of the bank's address/ the statement that the money had been deposited indicated an intention to be bound. |
| What was the point in Pharmaceutical Soc. of Great Britain v Boots? | Goods on shelves did not constitute an offer. The offer was made at the cash desk by the consumer. |
| What governs the law on auctions? | Section 58(2) of the Sale of Goods Act 1893 |
| Who makes the offer in an auction? Are there exceptions? | The bidder. The exception to this is if there is a collateral contract such as to sell without reserve. The auctioneer is bound to give the sale to the highest bidder. |
| Can an offer in an auction be revoked? | Yes, at any time up to the completion of the auction when the auctioneer drops the hammer. |
| Name a case used to illustrate the presence of collateral contracts in auctions? | Barries v Davies. An auctioneer would not accept the highest bid in an auction without reserve. The auctioneer had breached a collateral contract in withdrawing the machines |
| Does a collateral contract still stand if there is no principal contract? Refer to case law. | Yes. Warlow v Harrison |
| Is a tender offer an offer? | No an invitation to tender is an invitation to treat, except where stipulated that the tender will go to the highest bidder or such. |
| What case established there can be a collateral contract to consider tenders? | Blackpool and Fylde Aero Club Ltd v Blackpool Borough Co. |
| What case established there was a collateral contract that the vendor reserved the right to retract at any time? | Howberry v Telecom Eireann, RTE |
| What case established there was a collateral contract to accept the lowest price for shares? | Harvela Investments v Royal Trust of Canada and Outerbridge. Outerbridge had submitted a referential bid. |
| What cases deal with collateral contracts in auctions and tenders? | Auctions = Warlow v Harrison, Barries v Davies Tenders = Blackpool and Fylde Aero Club Ltd v Blackpool Borough Co., Howberry, Harvela Investments v Royal Trust of Canada, Outerbridge |
| Is a quotation an offer? | No, while a statement of quotation may resemble an offer, it is merely a step in he negotiation. There is no intention for a contract to result as a result. |
| Name two cases dealing with quotations? | Boyers and Co. v Duke - quoted price for canvass. Found clerical error. Harvey v Facey - Bumperhall Pen |
Created by:
sineadgriffin
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