The Rule Book, Offer and Acceptance Kings Court 2=1 Chancellors Court The rule book: Rules created in the classical period as well as the rule of offer and acceptance Making a contract Offer + Acceptance + Consideration + Intention to create legal relations CONTRACT You couldn't have a contract without these 1 Must have an offer and an acceptance to make an agreement especially over money > How can we prove the intention to a legal contract? Offer and Acceptance Offeree: The person who the offer is for Accepts: The offeree accepts what the offeror offered Offer Offeror: The person who makes the offer > If you have a common intention and both parties understand the contract, they have an agreement How do we know if both parties agree to the contract? It must appear that 2 minds think alike > Ask them? 1 What did it appear to the 'Reasonable Person'? - Look at what was written, look at what was said, look at how they acted - The Judge is the reasonable person, Objective and think that they are right, the judge decides if both minds were thinking as one, they'll look at what was said and what was written Problem of the rule book: Offer, Acceptance and Consideration 1 Very strict rules 1 At the time these rules were written, business was paramount to the rules - Difficult for these rules to be processed as times are changing - Lord Wilberforce - Court were finding new ways to force these rules within cases as there could be scandals without them - Should we be using these rules: Roger Brown argues no - Lord Denning have tried to change the laws however they may not change What is an offer? An expression of willingness to contract on specified terms made with the intention (actual or apparent) that it is to become binding as soon as it is accepted by the person to whom it is addressed.
Offer and Invitation to treat The mere statement of the lowest price at which the vendor would sell contains no implied promise to sell at that price Harvey v Facey 1893 - Messages carried by hand; in this scenario the question was will you sell bumper hall pen for lowest cash price? - Lowest price was £900 - Then an agreement came back to D however D did not want to sell - If it was an offer than the acceptance of that offer means that there was a contract# - HOL said that D gave information, he did not give an offer which meant that there was no offer and that there was an invitation to treat Carbolic Smoke Ball Advert The advert was seen to be an invitation to treat by the D however not by the C as she thought it was an offer - Whether an advert is an offer depends on the public's view about it - How will the public read the advert? Advertisements Carlill v