Offer and Acceptance
Enforcement of promises
1. Offer and corresponding Acceptance
3. Intention to create legal relationship
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
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 where...