"An offer is an expression of willingness to contract on specified terms with the intention that it is to become legally binding as soon as it is accepted by the person to who it was addressed"
The offer must be certain which was held in the case of Storer v Manchester City Council. However, the offer is not certain if the parties 'may be prepared to sell' - Gibson v Manchester City Council.
The offer must be communicated, it may be communicated orally, in writing or by conduct - Taylor v Laird. In Boulton v Jones, the offer must be addressed to the offeree.
An offer must show an intention to create legal relationships - Smith v Hughes held that this can be either expressed or implied.
Invitiation to Treat
An invitation to treat is not an offer, it is the first step in negotiations which may or may not lead to a firm offer by one of the parties.
Display of Goods - Fisher v Bell - flick knife on display in a shop window was an ITT and not an offer for sale. Pharmaceutical Society of GB V Boots - the offer is made when it is presented at the cash desk
Advertisements - Partridge v Crittenden - adverts are an ITT and not an offer for sale. Harris v Nickerson - adverts for furniture, then it is still an ITT, not offer for sale.
Exceptions to Advertisements
Unilateral Offers - where only one party makes the primise and it is open to anyone who performs it, adveristements - so adverts can become offer when they contain specific language. Unilateral offers can be accepted by performance - Carlil v Carbolic Smoke Ball and…