OFFER Requirements of 'contract' Agreement Intention Certainty Capacity Consideration 'Agreement' is found by identifying a matching 'offer and acceptance' Meaning of 'Offer' An indication of an intention to be bound to an agreement, on fixed terms, as soon as the offer is accepted. - By the time the offer is made all the other party has to do is say 'yes' to make a contract. Distinguish offer from: 'Mere Puff' - cf Cargill v Carbolic Smoke Ball Co (1893) Negotiation Invitation to treat What did the parties 'intend'? Gibson v Manchester City Council (1979) Storer v Manchester City Council (1974) Particular situations: Shop windows Fisher v Bell (1961) Self-service shops Pharmaceutical Society of GB v Boots Cash Chemists (1953) Note arguments based on Freedom of Contract - "I can contract (or not contract) with whom I like" Cf conflict with statutory rules - eg Equality Act 2010, Consumer Protection From Unfair Trading Regulations 2008 Are the common law rules 'sensible'? Particular situations (cont) Advertisements Carlill - some adverts can be offers Partridge v Crittenden [1968] - The 'limited stock' argument Cf. American case: Lefkowitz v Great Minneapolis Surplus Stores (1957) Particular situations (cont) Tender Process Generally an invitation to make offers But NB Blackpool & Fylde Aero Club v Blackpool Borough Council (1990) Auctions Generally bidder makes the offer, but cf
Next week: Acceptance 'sale without reserve' - Barry v Heathcote Ball (2001) Referential bids - Harvela Investments v RTC (1986)