element of contract law

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  • Created by: belinda
  • Created on: 03-11-09 13:17

Offer

basic definition of an offer given by paul richards is that "it is an expression to willingness to contract made with the intention that a binding agreement will exist once offer is accepted.

to be valid certain rules apply:

a) offers must be distinguished from invitations of treat (ITT)

(ITT)-its a statement that lets someone know that the individual is ready to make an offer. various situations have been identified as (ITT's)

goods on display:

fisher v bell

in this case it was decided a shopkeeper with flick knives advertised on his window was not making an offer but simply waiting for someone to make an offer to buy and then he could accept or reject....this is important because if the shopkeeper had been seen to be offering to sell the knives he would have been breaking the law under the Restriciton of Offensive Weapons Act 1961

adverts in newspapers or magazines

Patridge v Crittenden 1968

An Act of Parliament made it illegal to offer for sale certain wild birds. in this case an advert had been placed in a mag stating 'Bramblefinch ***** and hens 25s'. court decided that the advert was not an offer to sell but an ITT for readers to make an offer to buy that again could…

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