Legal eaglets 0 check this out.
A party may state what he intends to do. This is not the same as saying what he shall do. An intention may be changed legally. For a party to not do something that he said that he SHALL do is a breach of contract.
Harris v Nickerson (1873). Be it understood that the party bringing in the action whether in civil or in criminous law is the first party mentioned in any record of the case.
One party may supply information to another. Neither the request for further information nor the response is an offer not an acceptance.
Harvey v Facey (1893) is the key case for this.
A display of goods is an invitation to treat and not an offer. There are exceptions to this such as in the case of dealing with a machine.
Thornton v Shoe Lane Parking (1971).
An advertisement is an invitation to treat.
Carlill v Carbolic Smoke Ball. This seemed to be an advert but was in fact an offer to all the world. It did not need to be accepted and then performed. Performance was acceptance.
A request for tenders. This is an invitation to treat. The tender is the offer. Harvela v Royal Trust Co of Canada 1985.
An invitation to treat may contain an implied undertaking to consider all conforming tenders. See Blackpool and Fylde Aero Club Ltd v Blackpool Borough Council 1990.
An auctioneer’s request for bids is an invitation to treat.
The bid is an offer. When the hammer comes down the offer is accepted. In the case of auctions without a reserve price the auctioneer enters into a separate (collateral) contract. The nature of this is that the auctioneer will accept the highest contract bid..
Warlow v Harrison (1859) and Barry v Davies (2000).
Read Anson pp. 27-38—-\——-
COMMUNICATION OF OFFER.
An offer must be communicated to count. One cannot accept an offer without knowing about it.
A contract requires a meeting of minds or consensus ad idem.
Gibbons v Proctor (1891). a policeman sent in information without knowing that an offer of a reward had been made for such information.
R v Clarke (1927). This is an Australian case. Hearing an offer and the forgetting about it is the same as never knowing of it.
Brogden v Metropolitan Railway Company 1871 – an offer accepted by behaviour.
Confetti Records v Warner Music UK Ltd 2003 – same principle.
Acceptance is when words of behaviour lead to the objective judgment that this is an acceptance.
Hyde v Wrench (1840) after an offer is made if the offeree attempts to add terms while accepting this destroys the offer.
An offer is made – the offeree then asks a question. This question has no effect on the offer. Stevension, Jacques and Co v McLean 1880.
An acceptance cannot be made through silence.
Felthouse v Brindley 1862. An offeror cannot waive communication if this would disadvantage the offeree.