The Offer
This Contract Law lecture discusses the legal theories of the offer. This Contract Law lecture delves deeply into the general ideas and the cases that underpin the offer in a contract. An offer is a promise or undertaking by the offeror to be contractually bound in the event of an unconditional acceptance being made. Upon acceptance, the terms of the offer become the terms of the contract made by that acceptance. The offer must, therefore, be certain and final. Any statement falling short of this requirement is not an offer: in this case a purported acceptance will not result in a contract.
Learning Outcomes
By the end of this lecture you will know:
how to distinguish between a unilateral and a bilateral contract;
the constituents of a valid offer; the difference between an offer and an invitation to treat;
the effect of a counter offer and a request for further information;
the rules in relation to the communication of offers;
the rules in relation to the termination of offers.
Cases
Opening Negotiations or Statements About Price
Harvey v Facey [1893] AC 552
Grainger v Gough [1896] AC 325, HL
Gibson v Manchester City Council [1979] 1WLR 294
Bigg v Boyd Gibbins [1971] 2 All ER 183
Invitation to treat
Pharm Society of G.B. v Boots Cash Chemist [1953] 1 QB 401
Fisher v Bell [1961] 1 QB 394
Partridge v Crittenden [1968] 2 All ER 421
Bilateral Agreements v Unilateral Offers
Carlill v Carbolic Smoke Ball Co. [1892] 1 QB 256
Auctions
Sale of Goods Act 1979
Barry v Davies (2000) Times 31/8/00, CA
Harris v Nickerson (1873) LR 8 QB 286
Tenders
Harvela Investments v Royal Trust Co of Canada [1986] AC 207
Blackpool and Flyde Aeroclub Ltd v Blackpool Borough Council [1990] 1WLR 1195
Counter-offers
Hyde v Wrench (1840) 3 Beav 334
Request for Information
Stevenson Jacques v McLean (1879 – 80) LR 5 QBD 346
This Contract Law lecture discusses the legal theories of the offer. This Contract Law lecture delves deeply into the general ideas and the cases that underpin the offer in a contract. An offer is a promise or undertaking by the offeror to be contractually bound in the event of an unconditional acceptance being made. Upon acceptance, the terms of the offer become the terms of the contract made by that acceptance. The offer must, therefore, be certain and final. Any statement falling short of this requirement is not an offer: in this case a purported acceptance will not result in a contract.
Learning Outcomes
By the end of this lecture you will know:
how to distinguish between a unilateral and a bilateral contract;
the constituents of a valid offer; the difference between an offer and an invitation to treat;
the effect of a counter offer and a request for further information;
the rules in relation to the communication of offers;
the rules in relation to the termination of offers.
Cases
Opening Negotiations or Statements About Price
Harvey v Facey [1893] AC 552
Grainger v Gough [1896] AC 325, HL
Gibson v Manchester City Council [1979] 1WLR 294
Bigg v Boyd Gibbins [1971] 2 All ER 183
Invitation to treat
Pharm Society of G.B. v Boots Cash Chemist [1953] 1 QB 401
Fisher v Bell [1961] 1 QB 394
Partridge v Crittenden [1968] 2 All ER 421
Bilateral Agreements v Unilateral Offers
Carlill v Carbolic Smoke Ball Co. [1892] 1 QB 256
Auctions
Sale of Goods Act 1979
Barry v Davies (2000) Times 31/8/00, CA
Harris v Nickerson (1873) LR 8 QB 286
Tenders
Harvela Investments v Royal Trust Co of Canada [1986] AC 207
Blackpool and Flyde Aeroclub Ltd v Blackpool Borough Council [1990] 1WLR 1195
Counter-offers
Hyde v Wrench (1840) 3 Beav 334
Request for Information
Stevenson Jacques v McLean (1879 – 80) LR 5 QBD 346
This Contract Law lecture discusses the legal theories of the offer. This Contract Law lecture delves deeply into the general ideas and the cases that underpin the offer in a contract. An offer is a promise or undertaking by the offeror to be contractually bound in the event of an unconditional acceptance being made. Upon acceptance, the terms of the offer become the terms of the contract made by that acceptance. The offer must, therefore, be certain and final. Any statement falling short of this requirement is not an offer: in this case a purported acceptance will not result in a contract.
Learning Outcomes
By the end of this lecture you will know:
how to distinguish between a unilateral and a bilateral contract;
the constituents of a valid offer; the difference between an offer and an invitation to treat;
the effect of a counter offer and a request for further information;
the rules in relation to the communication of offers;
the rules in relation to the termination of offers.
Cases
Opening Negotiations or Statements About Price
Harvey v Facey [1893] AC 552
Grainger v Gough [1896] AC 325, HL
Gibson v Manchester City Council [1979] 1WLR 294
Bigg v Boyd Gibbins [1971] 2 All ER 183
Invitation to treat
Pharm Society of G.B. v Boots Cash Chemist [1953] 1 QB 401
Fisher v Bell [1961] 1 QB 394
Partridge v Crittenden [1968] 2 All ER 421
Bilateral Agreements v Unilateral Offers
Carlill v Carbolic Smoke Ball Co. [1892] 1 QB 256
Auctions
Sale of Goods Act 1979
Barry v Davies (2000) Times 31/8/00, CA
Harris v Nickerson (1873) LR 8 QB 286
Tenders
Harvela Investments v Royal Trust Co of Canada [1986] AC 207
Blackpool and Flyde Aeroclub Ltd v Blackpool Borough Council [1990] 1WLR 1195
Counter-offers
Hyde v Wrench (1840) 3 Beav 334
Request for Information
Stevenson Jacques v McLean (1879 – 80) LR 5 QBD 346