Importance of Singapore
AGREEMENT
The existence of the contract depends on whether or not there was an agreement between the parties.
The parties must be at consensus ad idem for the agreement to be valid.
OFFER
An offer is an expression made by the offeror to the offeree communicating the offeror’s willingness to perform a promise.
Unilateral Contracts
Case: Carlill v Carbolic Smoke Ball Co (1892)
States that a unilateral contract brought into existence by the act of one party in response to a conditional promise by another.
The contract is made with that limited portion of the public who come forward and perform the condition on the faith of the advertisement.
With the limited evidence at hand, we may need to investigate further as to the contents of the document before we may conclude whether or not his statement or advertisement did amount to an offer; unilateral contract.
Whether or not ____’s statement amount to an offer depends on the test in ______. An offer must be distinguished from an ________.
Invitation to Treat
Case: Patridge v Crittenden (1968)
States that acceptance of an invitation to treat does not lead to a contract.
Advertisements are generally viewed as an invitation to treat.
Display of Goods
Case: Pharmaceutical Society of Great Britain v Boots Cash Chemists (Southern) Ltd (1952)
States that a display of goods is considered to be an invitation to treat and not an offer. The offer is made when a customer selects the item he wants and brings it to the cashier to pay for it.
Auctions and Tenders
Auctions are generally viewed as invitation to treats and bids are viewed as offers.
EXCEPTION
Case: Harvela Investments Ltd v Royal Trust Co of Canada (CI) Ltd (1986)
States that where an invitor expressly binds himself to accept the highest or lowest tenderer, the auction may amount to an offer.
Provision of Information
Case: Harvey v Facey (1893)
States that a communication may not be an offer but a mere response to
The existence of the contract depends on whether or not there was an agreement between the parties.
The parties must be at consensus ad idem for the agreement to be valid.
OFFER
An offer is an expression made by the offeror to the offeree communicating the offeror’s willingness to perform a promise.
Unilateral Contracts
Case: Carlill v Carbolic Smoke Ball Co (1892)
States that a unilateral contract brought into existence by the act of one party in response to a conditional promise by another.
The contract is made with that limited portion of the public who come forward and perform the condition on the faith of the advertisement.
With the limited evidence at hand, we may need to investigate further as to the contents of the document before we may conclude whether or not his statement or advertisement did amount to an offer; unilateral contract.
Whether or not ____’s statement amount to an offer depends on the test in ______. An offer must be distinguished from an ________.
Invitation to Treat
Case: Patridge v Crittenden (1968)
States that acceptance of an invitation to treat does not lead to a contract.
Advertisements are generally viewed as an invitation to treat.
Display of Goods
Case: Pharmaceutical Society of Great Britain v Boots Cash Chemists (Southern) Ltd (1952)
States that a display of goods is considered to be an invitation to treat and not an offer. The offer is made when a customer selects the item he wants and brings it to the cashier to pay for it.
Auctions and Tenders
Auctions are generally viewed as invitation to treats and bids are viewed as offers.
EXCEPTION
Case: Harvela Investments Ltd v Royal Trust Co of Canada (CI) Ltd (1986)
States that where an invitor expressly binds himself to accept the highest or lowest tenderer, the auction may amount to an offer.
Provision of Information
Case: Harvey v Facey (1893)
States that a communication may not be an offer but a mere response to