Summary
Offer
Definition: 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. Sometimes difficult to identify –
Gibson v Manchester City Council.
An offer is further divided into two kinds:
- Specific: made to one person or group of people.
- General: made to ‘the whole world’ (people generally) – Carlill v
Carbolic Smoke Ball Company.
An offer may also be: - Express, either verbal or written.
- Implied, by conduct or circumstances – Wilkie v London Passenger
Transport Board. - Distinguish between an offer, which is capable of acceptance, and an
invitation to treat, which is an invitation to others to make or negotiate
an offer. This is followed in the usual shopping situation by the customer
making an offer, and the seller making an acceptance in some way.
Examples include: - Shop windows – Fisher v Bell.
- Supermarket displays – Pharmaceutical Society of Great Britain v Boots
Cash Chemists Ltd. - Small advertisements – Partridge v Crittenden. However, there are
exceptions, for example Lefkowitz v Great Minneapolis Surplus Stores,
Wilkie v London Passenger Transport Board.
Termination of an offer
An offer may terminate in various ways:
- Acceptance: the offer is then no longer available to anyone else.
- Refusal: the offer ends, so it cannot be accepted later by the offeree.
- Counter-offer: a new proposal from the other party – Hyde v Wrench;
battle of forms – Butler Machine Tool Co Ltd v Ex-Cell-O Corp
(England) Ltd; request for further information – Stevenson v McLean.
Offer and acceptance 41You can find out more about the regulations on the internet at the
Department of Trade and Industry website at http://www.dti.gov.uk