文档介绍:Contract law Offer & Acceptance Issue: Whether it is an offer. Offer --- is a statement of the terms made by one party (offeror) to the other party (offeree). To prove offer, it is necessary to establish that there is: 1) Offeror must have an intention to be legally bound once it accepted; 2) It must contain certain definite terms. 3) It municate to the offeree. Invitation to treat How to identify offer / invitation to treat? 1) Intention of the party making the statement. è No intention to be legally bound = Invitation to treat Gibson v Manchester City Council è Occasions when intention to be legally bound on display goods = Offer . A display goods with statement “Crazy sale of $1 to first customer next Sunday”. *************************************************************************** 2) A customer does not make any offer to purchase when he/she inspects the goods. è Good display in a shop window/shelves/supermarkets = Invitation to treat Customer make offer only when taking the goods to the counter for payment. Cashier/shopkeeper decide whether or not to accept the offer The cashier may reject customer if the good are out of stock/ defective/others Pharmaceutical Society of Great Britain v Boots Cash Chemists
Advertisement General rule: Advertisement is regarded as = Invitation to treat. Partridge v Crittenden Exception: Unilateral contracts