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22 Pages • Topic Notes • Year: Pre-2021
i. The Offer Criteria : 1. A meeting of the minds (what they said, meant and did) showing intention or willingness to bound. CASE : Clarke v Earl of Dunraven - When they entered a yacht race, each participant sent a letter to the club agreeing to be bound by the club’s rules. Contracts between competitors exist, as set out in the rules. - Acted separately but adhering to the same purpose. 2. A firm promise 3. Communication of the offer (writing, orally or by conduct) *doing something without knowing of an offer is not acceptance. CASE : Carbolic Smoke Ball - Offer to anyone who performed the condition. (unilateral contract) - There was intention to be bound to the offer (sincerity was shown by deposit of $1000) - The offer is made to the world at large: anyone who steps forward and performs steps precisely. Statement that are NOT offers a. Counter offer – rejection of the original offer. - No meeting of the minds - Counter offer would wipe out the original offer. - Distinguish from : request for further information - Maybe counter offensive or counter productive CASE : Hyde v Wrench b. Invitation to treat (distinguish from offer) - It is an offer to consider offers and cannot create an agreement. - Price list/advertisement are invitation to treat . (Partridge v Crittenden) Case : Pharmaceutical Society of Great Britain v Boots Cash Chemist
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