Presentation on theme: "Tony Walmsley and Emma Teare"— Presentation transcript:
1 Tony Walmsley and Emma Teare Law of ContractTony Walmsley and Emma Teare
2 Requirements for a contract Offer + Acceptance = AgreementConsiderationIntention to Create Legal Relations
3 Offer or Invitation to Treat? An offer once accepted creates an agreementAn offer can be contrasted with an invitation to treatAn invitation to treat is an invitation to enter negotiationsThe “acceptance” of an invitation to treat does NOT create an agreementIt is not always easy to distinguish between an offer and an invitation to treat
4 Offer or Invitation to Treat? In certain types of standard transactions (e.g. display of goods, advertisements)there are some general rules that apply as to whether or not an offer has been made (can be rebutted)
5 Advertisements Generally these are Invitations to Treat NOT offers If an advert in the paper was an offer the person who placed the advertisement would be required to contract with anyone/everyone who wanted to purchase the goods at the price stated
6 Examples of Invitations to Treat Pharmaceutical Society of Great Britain v Boots  1 QB 401Partridge v Crittenden  1 WLR 1204Fisher v Bell  1 QB 394
7 Some adverts ARE offers Often this is the case in UNILATERAL contractsThe leading case is…
8 Carlill v Carbolic Smoke Ball Co  1 QB 256 Court of Appeal
9 Rewards are often offers Gibbons v Proctor (1891) 64 LT 594Taylor v Allon  1 QB 304R v Clarke (1927) 40 CLR 227Williams v Cawardine (1833) 5 C & P 566
10 Example question: ‘Chris offered to sell: ‘Chris offered to sell: a) his Hornby train set to Richard…..’Is this necessarily an offer in the legal sense?
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