A meeting of the minds showing intention or

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Unformatted text preview: Latimer at ¶5-510 to ¶5-570 19 19 The Offer: Rules in relation to Offers 20 Notice of the Offer There must be: 1. A meeting of the minds showing intention or willingness to be bound Case: Clarke v Earl of Dunraven and Mount-Earl, Latimer at ¶5-130 2. A firm promise; and 3. Communication of the offer (in writing, orally or by conduct) • The offer may be directed to: one person, a group of people, or the world at large • Case: Carlill v Carbolic Smoke Ball Co offer to anyone who performed the condition was there an intention to be bound to the ‘offer’? deposit of £1000 into bank account “to show sincerity in the matter” see Latimer at ¶5-080 and ¶5-212 21 Counter-offers 22 Statements that are not offers • An offer must be distinguished from an invitation to treat • A counter-offer is a rejection of the original offer Case: Hyde v Wrench, Latimer at ¶5-300 • An invitation to treat is an offer to consider offers and cannot create an agreement 23 24 Invitation to treat Statements that are not offers • Look at intention of the parties • ASK: Is it an offer to consider an offer? • Case: Pharmaceutical Society of Great Britain v Boots Cash Chemists (Southern) Ltd, Latimer at ¶5-180 Invitation to treat: when you select goods from shelf – you are considering whether to make an offer to purchase Offer: at time you go to counter to pay Acceptance: when cashier accepts payment Invitation to treat can include: Auctions Advertisements Catalogues Price lists Announcements Goods on display in shop windows and shelves 25 25 26 Statements that are not offers Statements that are not offers Tenders Tenders are not normally offers unless the tender states its exact needs Acceptance of a tender will not necessarily result in binding contract unless tender calls for supply of goods or services in specific terms and over a specific period of time and acceptance of the tender is i...
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This note was uploaded on 03/11/2014 for the course LEGT 1710 taught by Professor Leena during the Three '10 term at University of New South Wales.

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