...offer and acceptance include the distinction between an offer and an invitation to treat – is needed to be able to identify specific examples of where an offer or an invitation to treat exists. If the maker of the statement clearly intends to be bound by acceptance of the stated terms the statement will amount to an offer. In Harvey v Facey [1893] ,Harvey sent a Telegram to Facey which stated: - "Will you sell us Bumper Hall Pen? Telegraph lowest cash price-answer paid;" Facey replied by telegram:- "Lowest price for Bumper Hall Pen £900." Harvey then replied:- "We agree to buy Bumper Hall Pen for the sum of nine hundred pounds asked by you. Please send us your title deed in order that we may get early possession." The Privy Council held that there was no contract concluded between the parties. Facey had not directly answered the first question as to whether they would sell and the lowest price stated was merely responding to a request for information not an offer. There was thus no evidence of an intention that the telegram sent by Facey was to be an offer. An invitation to treat, on the other hand, is merely an invitation for customers to submit an offer. While it indicates a willingness to deal, it is distinguishable from an offer in that it lacks an intention to be bound. Similar to an invitation to bid in the public procurement process, invitations to treat (sometimes referred to as invitations to bargain) often arise in the context of pre-contractual negotiations...
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...Assignment 1 – M1 Analyse the impact of the requirements for a valid contract in a given situation Aled, aged 19, decided he wanted to set up in business. He was planning to buy and sell items both on the internet and by mail order. Aled agreed with his father, Brian, that they would convert a spare room in the family home into a ‘business centre’ with telephone lines, internet and fax facilities and a selection of office furniture and equipment. Aled then entered into the following agreements. Having acquired 1000 pairs of famous brand-name jeans through an internet auction site, Aled placed an advert in a newspaper ‘offering’ the jeans at £9.95 each. Unfortunately, this was a misprint, as the price should have been £19.95. Even this correct price was cheap compared with the normal shop price, and orders by post, as detailed in the advert, began to flood in. He also unexpectedly received some orders by fax, even though his fax number had not been printed in the advert. Aled responded to the orders as quickly as he could, either despatching the jeans or, when he had run out of packaging, sending a confirmation slip promising delivery within 28 days. Aled, aged 19, decided he wanted to set up in business. He was planning to buy and sell items both on the internet and by mail order. Aled agreed with his father, Brian, that they would convert a spare room in the family home into a ‘business centre’ with telephone lines, internet and fax facilities and a selection of office furniture...
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...to assess whether this advertisement is an offer or simply an invitation to treat.An offer must not be vague and must be capable of acceptance as in the case of Guthing V Lynn (1831) 2B AD 232, in this court case the buyer of a horse made a promise to the seller that he would pay an additional £5 “if the horse is lucky for me” the court saw that this offer was too vague and therefore it was not enforceable, (Treitel 1999:8) defines an offer as “an expression of willingness to contract on certain terms, made with the intention that it shall become binding as soon as it is accepted by the person to whom it is addressed".An invitation to treat shows that a person is willing to negotiate a contract, however the contract is not capable of immediate acceptance, as is in the case of Harvey V Facey (1893) AC 552 Where the seller indicated that they would be willing to sell a good at a price, this is similar to Chris’ situation, the outcome of the case was that it was seen as an invitation to treat rather than an offer, because if a contract is not accepted the buyers have no right to own the good as (Davison 2004:374) states “Without acceptance no contract exists, therefore, buyers have no rights to the goods, etc. they want to purchase.” This is also evident in the case of Partridge V Critenden (1968) 1 WLR 1204 where the advertisement “Bramble finch cocks and hens 25 shillings each” was classed as an invitation to treat, the court ruled that the offers...
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...consideration, intention to build legal relationship and capacity must be proved valid. For those five elements, the principles and rules will be analysed firstly, and application related to issues will be dealt with in terms of Anna, Bella, Carol and Dora respectively in turn. Ultimately, their contractual relationship with Anna will be concluded. Anna In the current situation, we are investigating whether Anna’s card in the window is an invitation to treat or an offer. An invitation to treat is only an expression to attract a party to enter into negotiations while an offer is a statement promised by one party to enter into a contract on a particular set of terms. According to a general rule, an advertisement of goods for sale is not regarded as an offer, Partridge V. Crittenden. Its intention does not intend to be bound by any acceptance without further negotiation; otherwise, Anna would be bound to provide everyone who received the club. Although it has an ‘offer’ in the content, the statement is still seemed as an invitation to treat, Spencer V. Harding. Moreover, the advertisement is not clear enough to be an offer as the price is at ‘£300 or nearest offer’, which is not a fixed price and thus need further negotiation. Therefore, Anna is under no obligation to sell the club. However, the advertisement can also be held to be an offer, forming a unilateral contract. A unilateral contract agrees to be bound if an offeree performs some...
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...Torts - negligence (donoghe v Stephenson) nuisance (public n private) defamation (libel & slander) AGENCY - agent responsibility = work wit skill n care, don't make secret profit, obey the principal's lawful instruction. Principal resp. - pay agent, reimburse agent for debts incurred on the job Termination of agency - 1- BY ACT OF THE PARTIES (both agree to terminate contract, principal can fire agent if agent make secret profit) 2 - BY OPERATION OF LAW- if the principal is bankrupt, if the principal/agent dies, if the nature of the agency is destroyed eg. Goods in a shop burnt the agent who sells good now has nothing to sell 3 - BY COMPLETION OF AGENT AGREEMENT- agent period has come to an end or the task agent is expected to perform has been carried out How agency is created - RATIFICATION- unauthorized act. U sell my computer without my approval, me come bk, find out you sell it then approve the act, EXPRESSED- formally, must be an offer and acceptance, written etc. IMPLICATION- offers automatically; agent comes into existence by conduct. NECESSITY- usually occur in the transportation of perishable goods ; must be impossible to contact principal, agent must act in the good faith of principal, must be an emergency, agent must not sell goods to himself SALE OF GOODS- by description, quality, fitness for purpose ( Godley v Perry 1960) lil boy eye lick out by catapult wah him buy, him sue the seller under fitness for purpose. Be able to define types of goods: FUTURE goods-...
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...Lecture 1 Definition "A contract is an agreement giving rise to obligations which are enforced or recognised by law." An agreement is insufficient. Are the parties serious about it - intention? Is there consideration involved? It must be something that is recognized by the law. Otherwise it cannot get any compensation. Functions of Contract Law It defines the obligations of the contractual parties - price, when and where to deliver, conditions, etc. Contract law protects rights, and it facilitates transactions. Development of Contract Law - Classical theory Moral obligation to observe the terms of a promise made voluntarily Why do we need to perform - we have to perform because it is right to perform, and it is our moral obligations. It is not right not to perform. - Reliance theory Reliance on another's promise gives right to the promise to enforce that promise According to this theory, it is reliance and not moral obligation that creates a legal right in the promisee to sue the promisor One party relies on the other. - Collective theory The need to protect reasonable or legitimate expectation Irrespective of the will of the other party Because one party has entered the contract, the law recognized that he has legitimate expectation about the contract. Contract law is about commercial transaction, but not people's feelings and willingness, unlike the tort law. Building blocks of the law of contract General...
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...– Preface – This paper is to discuss and analyze various elements in the formation of contract using legal provisions in Contract Act 1950 of Malaysia and legal precedence. 1. What is a contract? According to section 2(h) of Contract Act 1950 (hereinafter referred to as CA1950), a contract is an agreement enforceable by law. There is a common misconception that the term ‘agreement’ is interchangeable to the term a ‘contract’. In fact, this is legally incorrect. An agreement is simply an unconditional acceptance to a definite offer. For example, Fathun finds her friend Sanya’s scooter to be attractive and expresses her willingness to buy it and offers a price. In response, Sanya accepted and told Fathun that she will sell it to her for the price she offered. Therefore, an offer is expressing willingness to do something and an acceptance is acceptance is wholly agreeing the offer. It is worth to note that an agreement could be legally binding or not. An agreement can be made between two parties even for an illegal matter. Another common misconception about contract is that a contract shall be a written document vetted by a solicitor or any other legal professional. However, this is incorrect. A contract can be legally binding if it meets certain criteria, even if it is made verbally or in writing For example, a customer visits to a grocery market to buy some vegetables. He sees bunches of ripe bananas and asks the price. The farmer says it’s Rf2 each. The customer...
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...In general, displays and advertisements for goods of sale are only invitations to treat and not (legal) offer. The court in Partridge v Cittenden held that an advertisement “offering for sale” wild birds were just an invitation to treat and not an offer. However, where there are good policy reasons for doing so, courts are prepared to treat displays and advertisements as offers. In Carlill v Carbolic Smoke Ball Co, it was held that an offer was made to the whole world at the advertisement stage and was accepted when a customer buys and uses the product in the specific manner. The court arrived at this decision due to the fact that to show sincerity, the manufacturer deposited £1,000 into a bank. Furthermore, there were strong policy considerations such as sending a message that traders are not permitted to make wild claims in order to sell their products. In the present case, the newspaper promotion advertisement is likely to be held as an invitation to treat. Even if the court holds that it is an offer, the offer can be nullified due to mistake. Here, the court will determine apply an objective test with respect to parties’ conduct. (Cite Chwee Kin Keong v Digilandmall if possible) Ronnie If advertisement is an invitation to treat, the purchaser actually makes an offer and Robert reserves the right to accept. Here, Robert as the offeree can refuse to accept the offer. If it is an offer, Robert as the offeror can kill the offer since Ronnie’s acceptance...
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...FORMATION OF CONTRACT - OFFER FISHER V BELL (1961) Shopkeeper was charged with offering flicknives for sale contrary to Offensive Weapons Act. The knives were on display in his shop window. Court held that the display of these items was not an offer but an invitation to treat and therefore no offence under the statute had been committed. PARTRIDGE V CRITTENDEN (1968) The Protection of Wild Birds Act made it an offence for a person to offer wild birds for sale. Partridge had placed an advert in a magazine: “bramblefinch, peacocks, hens, 25 shillings”. Held this was an invitation to treat and not an offer so no offence had been committed. PHARMACEUTICAL SOCIETY OF GREAT BRITAIN V BOOTS THE CHEMIST (1954) Pharmacy and Poisons Act required the sale of drugs to take place under the supervision of a qualified pharmacist. Claimant said Boots were in contravention of this when they opened up and operated the first self-service shop. However, there was a qualified pharmacist at the point of sale and it was the customer offering to buy the goods, consequently the display of goods on the shelves was not an offer but an invitation to treat. .RAMSGATE VICTORIA HOTEL V MONTEFIORE (1866) D offered to buy shares in a letter dated 8th June 1864 and did not get a reply. On 23rd November, shares were allotted by C but D refused to accept them. Court held refusal was justified as the original offer had lapsed and therefore there was no contract. BYRNE V...
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...FORMATION OF CONTRACT THE FOLLOWING NOTES SHOULD BE READ IN CONJUNCTION WITH THE CORE LECTURE. OFFER. A communication is treated as an offer if it indicates the terms on which the offeror is prepared to make a contract and gives a clear indication that the offeror intends to be bound by those terms if they are accepted by the offeree. Partridge v Crittenden (1968) An advertisement in a magazine stated ‘Bramblefinch cocks and hens, 25s each’. As the Bramblefinch was a protected species, the person who placed the advertisement was charged with unlawfully offering for sale a wild bird contrary to the Protection of Birds Act 1954, but his conviction was quashed on the grounds that the advertisement was not an offer but an invitation to treat. Spencer v Harding (1870) LR 5 CP 561 The defendant had sent out a circular stating 'We are instructed to offer [certain business stock] to the wholesale trade for sale by tender ...'. The claimant had submitted a tender for the stock and his tender was the highest, however, the defendant refused to sell him the goods. The claimant argued that the circular was an offer which contained a promise to sell the goods to the party who submitted the highest tender, but the court rejected this argument. Willes J. in that case identified the crucial question to be 'whether there is here any offer to enter into a contract at all, or whether the circular amounts to anything more than a mere proclamation that the defendants are ready to...
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...Offer and acceptance analysis is a traditional approach in contract law used to determine whether an agreement exists between two parties. An offer is an indication by one person to another of their willingness to contract on certain terms without further negotiations. A contract is then formed if there is express or implied agreement. A contract is said to come into existence when acceptance of an offer has been communicated to the offeror by the offeree. One party, the offeror, makes an offer which once accepted by another party, the offeree, creates a binding contract. The Key concepts in relation to offer and acceptance include the distinction between an offer and an invitation to treat, The case of Carlill v Carbolic Smoke ball co. is...
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...Contract: As we know that an offer is a definite promise to be bound on specific terms, and must be distinguished from the mere supply of information and from an invitation to treat. So in this advertisement, there is specific information’s are available. That’s why this is an offer (Carlill v Carbolic Smoke Ball Co){shall I need to write detail of this case? Yes, just a few lines about the facts, to get an extra mark}. Then Adam sent a letter to peter by telling that, he would be able to buy at a price of £200. This is a counter offer which means that, it is a final rejection of the original offer (Hyde v Wrench) {shall I need to write detail of this case? No, you can just give the name of the case here- it’s fine because you have already discussed its EFFECT}.. After receiving Adam letter, peter rejects his counter offer but he will not sell it less than £250.Again there is a counter offer (Hyde v Wrench). Good. After getting Peter counter offer, Adam is asking Peter, is he flexible on method of payment which means request for information (Stevenson v McLean) {shall I need to write detail of this case? Yes, just a line}.. However they are communicating by post, so the postal rules will apply. This rules state that acceptance is valid when the acceptance letter is posted. Excellent- you state the principle! The contract is made at this point even if the acceptance letter is not lost or never arrives as stated in HOUSEHOLD FIRE INSURANCE CO v GRANT where the company...
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...in the case of Granger & Sons v Cough and between two persons or a specific number of people. Unilateral states that offer is by promise, acceptance is performance of an act. It is between one person and to the rest of the world. For example, like in the case of Carlill v Carbolic Smoke Ball. The difference of offer and invitation to treat is only acceptance of an offer will lead to contract. Invitation to treat is to invite someone to make an offer instead of making the offer. There are several examples of invitation to treat which are display goods in a shop window like in the case of Fisher v Bell, law states display goods on shop windows is invitation to treat. Besides that, Auction is also one of the examples of invitation to treat like in the case of Pain v Cave. Other than that, Tander is also one of the examples of invitation to treat for example in the case of Spancer v Harding. Lastly, advertisements are also one of the examples of invitation to treat. It can either be offer or invitation to treat depending on the type of transaction it leads to. If it is unilateral it will be considered as offer and if it is bylateral it is invitation to treat. For an offer to be valid it must be communicated. There are several ways to...
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...Part A: Question 1 Step 1: The legal issue of this case is to establish if there are legal intentions and also consideration that is required for contract. Step 2: An agreement is a compilation of acceptance and offer that both parties are able to agree on. An agreement is not able to form without the two components. An offer must be concise to the extent where it may be easily be approached to the other party to contract, which make the offer a legally binding document. An offer must be completed thoroughly and promissory, only then it can be considered an offer. A completed offer is defined as both party had come to an agreement and both parties understand the term and condition of the offer. The other feature of a completed offer is that the offer must be promissory, which is to say that if one of the both parties are unwilling to live up to the promise the promise is said to be illusory because it does not show that there are any changes in the context of the contract. In addition illusory promise cannot be enforced if there are no changes in the context of the contract(Lambiris 2010 pg 38). In the case of Placer Development Ltd v Commonwealth(1969)121 CLR 353, a subsidy would be paid to companies who imported timber into the country which is Australia by the commonwealth government. The Government did pay the importers the subsidy for a period of time but stopped for an unknown reason. Placer had imported a sum of timber and wants the government to pay...
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...256 Alice has made what can be defined as offer. An offer is an ‘an expression of a willingness to be bound by the terms of the offer should the offer be accepted’. The claimant has advertised publicly products she is selling and the conditions that need to be met in order for acceptance to be valid. This shows an objective intention to enter into a binding agreement. Sincerity was shown in the Carlill case as the defendant had deposited £1000 with the alliance bank. Therefore one could say Wendy has shown her sincere intention by stating her contact details in the advert. Bowen LJ allows us to be aware within the Carlil case that it is possible for an offer to ‘be made to the world at large’ as the claimant has done. Conversely an invitation to treat will allow room for negotiation such as in the case of Fisher v Bell [1953] 1 All ER 482, CA. Within this case the defendant was said to be offering flick knives for sale. This was a statutory offence under the Restriction of offensive weapons Act 1959. The divisional court came to this decision that no offence had been committed as there was no obligation for the shopkeeper to sell the item neither was the customer obliged to buy it. This approach was later taken in Partridge v Crittenden [1968] 2 All ER 421, HC QBD; although the appellants were convicted for ‘offering for sale’ it was later quashed on appeal. It would not have been virtually possible to sell to all those who had accepted due to limited stock. Alice’s position can...
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