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Title: Contract Law- Offer (LHE)
Description: This notes is suitable for A-Levels students and even up to LLB Year 1 students as well. Simple and concise to understand. Author of notes personally used notes for A-Levels, University of London (External) LLB Program and for tutoring purposes. Author also received academic awards such as Top in the World for Law AS, ON 2014 session, and won the Malaysian Law Scholarship to King's College, University of London for the cumulative highest marks in Year 1, which includes contract law.
Description: This notes is suitable for A-Levels students and even up to LLB Year 1 students as well. Simple and concise to understand. Author of notes personally used notes for A-Levels, University of London (External) LLB Program and for tutoring purposes. Author also received academic awards such as Top in the World for Law AS, ON 2014 session, and won the Malaysian Law Scholarship to King's College, University of London for the cumulative highest marks in Year 1, which includes contract law.
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CHAPTER 1 OFFER
-Offer is an expression of willingness to contract on certain terms with the other party that it is
addressed to with the intention of it becoming legally binding
...
-In order to consitute an offer, the terms it used must be certain and should not be ambigious
...
-However, in Storer v Manchester City Council, which involves similar facts, but the term "willing
to sell" is deemed as certain
...
Generally, advertisements are considered as invitation to treat due to the limited stock
argument as the offeror would have been bound by every person who accepted the "offer"
...
In Partridge v Crittenden, an advertisement for the sale of a protected species was deemed as
an invitation to treat, and Lord Parker said that the decision was due to "business sense", as he
invoked the limited stock argument
...
However, for unilateral contracts, such as rewards, will be usually deemed as offers as seen in
Carlill v Carbolic Smoke Ball
...
-Display of Goods for Sale
...
...
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-Mentioning of Lowest Price
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How Long Does An Offer Last?
- Lapse of Time
...
...
It was held that the offeror had a
right to revocate his offer
...
When the offer does not have a stipulated period of time, then the offer will lapse within a
reasonable period of time as seen in Ramsgate Victoria v Montefiore, where the offer for the
purchase of shares was accepted after a six month period, the court stated that the offer had
lapsed due to the nature of shares being a volatile commodity with uncertain prices
...
Some offers are made subject to certain conditions, and if the conditions are not met, the offer
may lapse
...
In Financings v Stimson, the court ruled that the defendant's offer to contract with the plaintiff
was subjected to the implied condition that the car in question remain in much the same state
as it was when the offer was made
...
An offer lapses once it is rejected by the offeree, and an offeree cannot insists on accepting the
same offer
-Counter Offer
...
...
...
-Death of Offeror
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However, if the offeree was unaware of the offeror's death and accepted the
offeror's offer, the offer would not have lapsed
...
However any offer requiring personal performance by the offeror would lapse after the
offeror's death
...
There is no English case on the subject, but it is most likely that the offer would lapse at the
death of an offeree
Withdrawal of an Offer (Revocation)
-Bilateral Contracts
...
...
...
-Unilateral Contracts
...
...
Reference can be made to the US case of Shuey v USA, where revocation
of a unilateral contract was held to be effective, if the means of revocation was the same
through the means of offer, or even more effective
...
- In Williams v Carwardine, the plaintiff knew abou the reward but gave the information
that would entitle her to the reward, because she thought that she was about to die
...
- In Gibbons v Proctor, the plaintiff was allowed to claim the reward even though the
plaintiff did not know about the offer at the time he discovered the information, but got
to know about it before he claimed the reward
...
The court ruled that he would be treated as if he had
never known about the reward at all
Title: Contract Law- Offer (LHE)
Description: This notes is suitable for A-Levels students and even up to LLB Year 1 students as well. Simple and concise to understand. Author of notes personally used notes for A-Levels, University of London (External) LLB Program and for tutoring purposes. Author also received academic awards such as Top in the World for Law AS, ON 2014 session, and won the Malaysian Law Scholarship to King's College, University of London for the cumulative highest marks in Year 1, which includes contract law.
Description: This notes is suitable for A-Levels students and even up to LLB Year 1 students as well. Simple and concise to understand. Author of notes personally used notes for A-Levels, University of London (External) LLB Program and for tutoring purposes. Author also received academic awards such as Top in the World for Law AS, ON 2014 session, and won the Malaysian Law Scholarship to King's College, University of London for the cumulative highest marks in Year 1, which includes contract law.