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made in words
section 2(b); "when the person to whom the
case:
proposal is made signifies his assent...the
BOULTON V JONES (1857)
proposal is said to be accepted
case:
CARLILL V CARBOLIC SMOKE BALL CO
(1893)
invitation to attract people's interest
to make an offer
case:
1. HARRIS V NICKERSON (1873)
2. COELHO V THE PUBLIC SERVICES
COMMISSION (1964)
sometimes an advertisement becomes an offer, depending on the
intention of the parties involved.
Example: Advertisement that accompanied with another
offer such as promise of a reward/ gift.
case:
CARLILL V CARBOLIC SMOKE BALL
(1893)
customers would make an offer when he selected the desired
good and bring it to the counter however the seller not bound to
sell that it at that particular price to the customer. so as long as
the seller not recieve any payment from the customer he is not bound to
any contract yet.
case:
1. PHARMACEUTICAL SOCIETY OF GREAT BRITAIN
V
BOOTS CASH CHEMIST LTD (1953)
2. FISHER V BELL (1960)
a notice/ announcement inviting tenders and if they are
interested they can make an offer.
case:
SPENCER V HARDING (1870)
not an offer but an erly information that invites
the prospective buyer to choose the best price.
case:
1. HARVEY V FACEY (1893)
2. PRESTON CORPORATION SDN BHD
V
EDWARD LEONG & OTHERS
inviting the assembly of bidders present to
makes an offer
section 2(a); "a sale by public auction shall
be complete when the auctioneer announces
its completion by the fall of the hammer..."
section 2(a) ; "when one person signifies to another his willingness
to do or to abstain from doing anything, with a view
to obtaining the assent of that other...he is said to make a proposal."
directed to that specific person
adressed to the public at large or
anyone who may satisfy the terms
preliminary communication, which passes between
the parties at the stage of negotiation that might
lead to an offer.
Advertisement
Exception
Display of goods with price
tags in a self-service shop
examples
Tender
Price-list / quotation
an auctioneer inviting bids
in an auction sale
express
clearly given in writing or verbally / orally
how to make an offer
from the conduct of parties
implied was not in words
from the conduct of the offeror
definition
offer must be certain, clear, complete , final case:
must be certain
and detail to avoid obscurity or doubt GUNTHING V LYNN (1831)
specific offer case:
condition of a valid offer section 4 (1); "the communication of a proposal is TAYLOR V LAIRD (1856)
must be communicated to the promisee.
types of offer complete when it comes to the knowledge
Otherwise the offer is not valid
of the person to whom it is made". case:
general offer R V CLARKE (1927)
must be communicated
section 2(a);
"when one person signifies to another..."
offer
can be revoke anytime before an
acceptance is made
when can be made?
section 5(1); "a proposal may be revoked at any time before case:
the communication of its acceptance is complete as against 1. PAYNE V CAVE (1789)
the proposer..." 2. ROUTLEDGE V GRANT (1828)
section 6(a); "a proposal is revoked...by the
communication of notice of
revocation by the offeror
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offer distinguished from
section 4(3)(a);
"as against the person who makes it, when it is put
into a course of transmission to the person to whom
invitation to treat complete only when the notice had come it is made
to the actual knowledge of the offeree.
section 4(3)(b):
as against the person to whome it is made,
by communication of notice when it comes to his knowledge
revocation of offer
of revocation
acceptance by post, in order to revoke the offer, the offeror
must ensure that his notice of revocation of offer reached the
offeree before or at the moment the
offeree posts his letter of acceptance
under the postal rule
case:
1. BYRNE & CO V VAN TIENHOVEN & CO (1880)
2. HENTHORN V FRASER (1892)
section 6(a);
who can revoke
"...communication of notice of revocation by the proposer..."
acceptance has not been made within the
time prescribed by the offeror
offer may expire by lapse of time in 2 situation
modes of revocation
acceptance has not been made
within a reasonable time
revocation by lapse of time
case:
FRASER V EVERETT (1889)
section 6(c);
"a proposal is revoked...by the failure of the acceptor
Failure of the offeree to fulfill to fulfill a condition precedent to acceptance."
condition precedent to the acceptance
case:
FINANCING LTD V STIMSON (1962)
section 6(d):
" a proposal is revoked...by the death or mental
disorder of the proposer, if the fact of his death or
Death or mental disorder of the offeror mental disorder comes to the knowledge of the acceptor before acceptance."
case:
BRADBURY V MORGAN (1862)
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