Contract Law - Offer
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- čas přidán 2. 08. 2024
- There are four elements of a contract:
Offer
Acceptance
Consideration
Intention to create legal relations (ICLR)
An offer is a definite promise to be bound if certain terms are accepted. This can be distinguished from willingness to enter into negotiations known, in legal terms, as an invitation to treat.
An offer can be direct or it can be to the world at large
Carlill v Carbolic Smokeball Co [1893].
An invitation to treat is not an offer; Timothy v Simpson (1834). Invitations to treat are commonly found in advertisements (Partridge v Crittenden [1968]) and goods that are on display in a shop (Pharmaceutical Society of Great Britain v Boots Cash Chemists (Southern) Ltd [1952]; Fisher v Bell [1952]).
Invitations to treat can be identified by whether the parties are still negotiating (Harvey v Facey [1893]) as opposed to where there is clear offer and acceptance (Bigg v Boyd Gibbins Ltd [1971]).
While language is important, just because the word 'offer' is used this is not conclusive in and of itself (Datec Electronic Holdings Ltd v United Parcels Service Ltd [2007]).
Auctions are a unique situation. Bids are seen as offers that are accepted when the auctioneer bangs his gavel (Payne v Cave (1789)).
If an auction is without reserve then this amounts to a collateral contract with the highest bidder (Barry v Heathcote Ball & Co (Commercial Auctions) Ltd [2001]).
Advertisements that goods are to be sold on a certain date are not binding (Harris v Nickerson (1873)).
i honestly love beyond words your channel the anxiety i was getting from not being able t understand what my teachers are saying was horrible but you make it considerably easier , clearer to take note and understand the context your teaching
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These videos are great, so much easier to digest than my lecturers who waffle on so much
Thank you for making these
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Starting contract law and was finding a bit overwhelming. Thanks for this video, it has made me feel more confident already. Looking forward to the next ones.
Thanks! More coming soon!
have my final alevel tommorow and this was such an amazing quick revision session!
I missed you! ❤️
Keep your good work up Marcus we really appreciate your videos
Feel blessed for having your contract law series just in time! Thank you Marcus!
My pleasure!
This channel is the dogs bollocks! Thank you for your content dear fellow.
Thank you Marcus, just began contract law in 2nd year OU law degree, this is perfect material for revision
I’m thinking of doing Law at OU, how is it going, do you recommend an access course first as I don’t have A-Levels?
I do love your videos! So easy and quick to understand the main points Marcus! I hope you will keep sharing your videos, they do help loads of students out there. XXX
I promise I will!!
Thank you so much for making this video!
Hi Marcus these contract law videos are absolute golden material for my assignments for a construction qualification !
That's great to hear, I'm just glad they make sense!
Many thanks Mr Cleaver.
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Marcus! I am your biggest fan. I am So greatefull for your videos when I get my degree i promise I will honour you in my speech :D
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You are him. Well done sir.
do you know if he does anything for evaluation (AO3)
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Marcus please make videos on privity and frustration. your videos are really helpful
the video is good and well presented
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excellent
Thanks for the videos I would add something about how they are formed verbally and written. Thanks :D
Thank you so much for these brilliant explanations, this is so helpful. Will you be doing videos on vitiating factors as well?
I'm sure I will at some point!
Hi, thank you for this informative video! I wanted to ask if you had any advice for answering problem questions where there is a tender involved. If for instance, the question asks whether there is a contract between A and B but this is in the context of tender where A asked for tenders from different people and B is one of them. Do we begin by saying this is an invitation to treat and the offer is actually coming from B? I hope this made sense.
Uploaded the day after I submitted my contract law assignment hahaha
Marcus thank you so much!! Is it possitble to have an offer in an advertisement that has a short-deadline?
I've not really thought about it before but I don't see why not.
Hello Marcus. I was wondering if you could explain the Currie v Misa (1874) case please.
Thanks a lot for your videos Marc. I was wondering if you know any useful source that I can use to learn the EU Law and Civil Liberty in an easier way?
I think my video on the Democratic Deficit in the EU would be a great place to start!
marcuscleaver I just watched the first minute of it and it went straight to the EU and Article 10! Thanks a lot!!
Watch Marcus videos on EU Law
Hi Marcus, just a quick question to settle a debate I am having! Would the phrase, "The best price I could do would be ____" constitute an offer or would it amount as an invitation to treat? I think it amounts as an invitation to treat as it is a query relating to price of goods, but I can't find any case law backing this up apart from a stretch with the case of Gibson v Manchester [1979] where the phrasing of the council/seller ("may be prepared to sell") was seen as an invitation to treat - however I'm not sure if this applies either as it would seem the judgement was largely based upon the lack of a price set whereas in the scenario above a price is mentioned.
I think the language used infers an ITT; in this respect, the saying 'I would if I could' springs to mind. However, replacing could with 'can' or 'will' would change the phrase as to imply an offer.
Interesting
How does one get remedy in in commercial law. I had a lawyer who didn’t perform what was agreed to and he is now disbarred so performance is out of the question. And his negligence and failure to honour our contract let my daughter leave the jurisdiction. There is no case law on this subject. I am in negotiations with the indemnity insurance for the lawyer and they are trying to railroad me.
What about an offer that is made and accepted with intent to make legal relations such as I will pay £100 for 20kg of strawberries they are packed and then the person says they will no longer want to buy the strawberries before they paid at the cash register
is harvey v facey is an ITT or an offer?
When police make illegal vehicle seizures with third party recovery companies, its the police they are the customer. They called the recovery company! They can pay! Sue the buggers. You don't owe anyone anything.