• Join over 1.2 million students every month
  • Accelerate your learning by 29%
  • Unlimited access from just £6.99 per month

Offer and Acceptance

Extracts from this document...


Sheena Problem An offer is an expression of willingness to be bound by the terms of the offer once it is accepted. The offer may be made by words, in writing, conduct or a mixture of all three. An offer can be made to one person, a group of people or to the world at large, e.g. where a reward is offered for a lost item, this is normally made via an advertisement and this is seen as a unilateral offer, which is one sided (Carlill v Carbolic Smoke Ball Co.). Sheena sees an advertisement in a window which states 'All mini disc players at � 10 to the first twenty customers on Monday morning'. Sheena wishing to accept this offer queued up all night on the Sunday and was customer number seven. Once entering the store and selecting the mini disc player, she is informed that the management has decided to end the promotion. Due to this offer being a unilateral offer, the communication of the revocation of the offer is inappropriate. The rule that revocation must be communicated was established in the case of Byrne v Van Tienhoven, where a telegraph was sent on the 11th October, but a letter withdrawing the offer was posted on the 8th October was only received on the 20th October. ...read more.


An example of a case which is similar to Sheena's is Fisher v Bell based on the display of goods with a price ticket attached. Where the defendant displayed a flick knife in his shop window. He was convicted of a criminal offence of offering knives for sale, but on an appeal, Lord Justice Parker stated that it was an "invitation to treat not offer", therefore the conviction was overturned contrary to the legislation. In this circumstance, the shoes Sheena wished to purchase are in fact an "invitation to treat", otherwise if it was a offer, then on taking them to the cash desk she would be accepting the offer, as Lord Justice Somervell stated in the Boots Case : "otherwise customers wouldn't be able to change their minds". In this case, Boots was charged with the offence concerning sale of certain medicines which could only be sold by a pharmacist, or under supervision of a qualified pharmacist. The issue was that when a customer picked the medicine up off a shelf, they were not being supervised and therefore was committing an offence. The Court of Appeal stated that the shelf display was not an actual offer but an invitation to treat and therefore the offer is made by the customer when being paid for at the cash desk, at this point it would be supervised by a pharmacist, therefore there was no offence. ...read more.


Therefore Sheena took the wallet back to Nick without being aware of the reward therefore she was not motivated by the offer and the existence of the offer had no effect on her returning of the lost wallet. Another case following along the same line as motive for acceptance is Williams v Carwardine (1833) where the person actually was aware of the reward but gave the information due to the motives of spite and revenge. Although she gave information for this, she was aware of the reward and therefore was entitled to the reward. In conclusion, Sheena was entitled to purchasing the mini disc player for � 10 due to her accepting the offer, the offer was never revoked as it must take place before acceptance and on queuing and entering the store, Sheena had accepted the offer. Not enough reasonable steps were taken to revoke the offer before acceptance. Sheena will only be able to purchase the shoes for � 25 if she offers a counter offer of � 25 and the cashier, Tom, accepts this, otherwise no contract will be made without an acceptance. Nick does not need to give Sheena the reward, although he may offer it her, he does not have to as she was unaware of the reward before returning it to him, and she returned this to him without a need for a motive. ?? ?? ?? ?? 1 ...read more.

The above preview is unformatted text

This student written piece of work is one of many that can be found in our AS and A Level Law of Contract section.

Found what you're looking for?

  • Start learning 29% faster today
  • 150,000+ documents available
  • Just £6.99 a month

Not the one? Search for your essay title...
  • Join over 1.2 million students every month
  • Accelerate your learning by 29%
  • Unlimited access from just £6.99 per month

See related essaysSee related essays

Related AS and A Level Law of Contract essays

  1. Marked by a teacher

    Stop, search and arrest

    4 star(s)

    However, in comparison, in Rickets v Cox, two men approached by officers, antagonised them by using abusive language and refused to answer questions. Although they were not obliged to talk, being abusive obstructs police duties and so the appeal was dismissed.

  2. Marked by a teacher

    Contract Law - Offer And Acceptance

    3 star(s)

    * Stereotype situation distinction is decided by evidence adduced and not by intention The Mere Supply Of Information * Before an offer is made, the preliminary stage of communication which involves response to a request for information and other similar request.

  1. Postal Acceptance Rule

    " Another historical justification for the postal acceptance rule was the notion that the sender 'lost control' over the communication at the time of posting. When an individual posts a letter, once the letter is in the e-mail box they cannot retrieve it, nor are they in a position to know if the mail gets lost in transit.

  2. Contract Law - offer and acceptance.

    In the case of Henkel v. Pape 1870, it was held a mistake by a telegraph clerk were to be considered the actions of the sender as the telegraph clerk was the agent of the sender. If we consider the transmission error to be the actions of Trimex, their submitted tender, even though a mistake would be of �300.

  1. Undue influence in the case of Barclays Bank v. O''Brian [1994] Lord Browne-Wilkinson was ...

    of the amount of her potential liability and the risk involved and 2) advises the wife to take independent advice. In this case these two steps are missing. CLASS 2: PRESUMED UNDUE INFLUENCE Such a confidential relationship can be established in two ways: REBUTTING THE PRESUMPTION The presumption of undue

  2. health and safety legislation and regulation

    If they find anything breaching the legislation and regulation they will fine the company or they will even close down the company for good. 2. The five steps of risk assessments and importance of carrying out the five steps. 1.

  1. Invitation To Treat

    (Edwards v Skyways Ltd.) This presumption can be rebutted by clear evidence of an opposite intention. (Rose & Frank v Crompton) Conversely, with social or domestic agreements, the presumption is that no intention to be legally bound attaches to the arrangement (Balfour v Balfour).

  2. Dealing with problems of offer and acceptance.

    It is submitted that there is nothing in this advert to suggest that there is anything in this advert, to rebut the normal presumption that this is an invitation to treat. However, this is clearly that there was only one car for sale; there is nothing in the advert to

  • Over 160,000 pieces
    of student written work
  • Annotated by
    experienced teachers
  • Ideas and feedback to
    improve your own work