Offer Professor Treitel An offer is an expression of willingness to contract on certain terms.

. It must be made with the intention that it will become binding upon acceptance. There must be no further negotiations required. Intention

&oom for negotiated #o room for negotiated! every term is listed! Storer v Manchester City Council important terms still needed to be determined! room for negotiate! "ibson v Manchester City Council Supply info% lowest price is '(( not an offer! Harvey v $acey

Objective inference by reasonable man- Storer v Manchester City Council

Subjectivity important in the offeree: Offeree now or ought to now there is no valid offer! then accept then no ctt! Hartog v Colin & Shiel s "ontrast: if offeror has no evidence show offeree now or ought to be now the validity of offer and offeree accept then ctt is valid! Centrovincial !states v MIAC Party did not read the document and signed which in fact not what he want! ctt still valid- "albraith v Mitchenall !states #t Term #o clear term in offer$ no valid% may be prepare to sell! "ibson v Manchester City Council

)greement to the price no necessary mean the agreement on SP)$ offer is a term may related the negotiation continue but *+or a quic sale$ I will accept ,-(((. is a valid offer! %igg v %oy "ibbins

ITT and Offer )n ITT is an indication of a willingness to conduct business. It is an invitation to another to ma e an offer or negotiations /isplay of goods 0ITT1 Shop eeper can choose customer and customer free to choose! O and ) occur by agree to price! &harmaceutical Society v %oots "ontrast% #as'y v !conomy "rocery )dvertisement0ITT1 &eason is ITT because quantity is limited-&artri ge v Critten en &er #or &ar'er C...: advertisements as invitations to treat and not offers for sale unless they come from manufacturers Tender0ITT1 Tender not necessary give to the highest or lowest bidder except presence of word to indicate purchaser should be highest bidder! S/encer v Har ing <ound to accept highest bid! offer! Harvela Investments #t v 4oyal Trust Co of Cana a #t

accept by down of hammer ,/romise to give the /rice an /romise to give the item auctione &ailway or airline timetable 0depend1 Thom/son v #M & S 4y -&ail carrier ma e offer by issue advertisement stating the time un er which train woul run 6il'ie v #&T%- &oad carrier ma e offer to intending passenger by act of running buses

Store ()*+ ,$oreign Case--/isplay of goods as offer and acceptance only occur at cashier
2oods on 3achine considered offer as no room to negotiate with a machine- Thornton v Shoe #ane &ar'ing

Contrast: )dvertisement with all clear terms! offer! Carlill v Carbolic Smo'e %all Com/any Offer to be wide enough as open to world at large but it is only possible as an offer to everyone who perform the condition 4unilateral offer5

&rofessor Treitel! #o single rule! depend on wording of the relevant *Tender shall be admitted for consideration.! offer to consideration document and circumstances only not the ctt! %lac'/ool an $yl e Aero Club #t v %lac'/ool %orough "ommunication of the offer Council "onflict of interest ma e tender invalid even though is offer$airclough %uil ing #t v %orough Council of &ort Talbo o o To be effective an offer must be communicated% There can be no acceptance of the offer without nowledge of the offer.

)uction0ITT1 6nilateral offer only need performance as acceptance so auctioneer.s request for bids show no need notification of it intent to sell but not an offer would sell the item! Harris v 5ic'erson )dvertisement% Saturday 'am Sharp$ 7 brand new coat$ worth 89(($ 9st <idder is the offer and b= hammer come 9st serve$ 89 each! offer! down$ he withdraw! valid revocation! #ef'owit0 v "reat Minnea/olis Sur/lus &ayne v Cave Store 12SA case3-no quantity argument$ no more room for negotiation )uction with reserve! )uction with reserve! even though start bidding$ still not an offer as not obliged to )pplication% accept lower than reserved price bids leaflet is printed *Tomorrow only$ 4offer come from bidder5! Mc Manus v oranges are at a special low$ low $ortescus price of 'p: ilo )uction without reserve! once start Partridge v "rittenden 09'-;1. b999999idding is an offer% 6arlow v The reason that they have only Harrison made an invitation to treat and ( not an offer is because if the collateral0separate1 contract statement in the leaflet is going on% construed as an offer$ then the shop would be bound to sell to everyone who presented (st 7 It is an unilateral offer themselves at the shop. 4bound to accept any bids "onsequently$ if you visit the even though under value5 shop$ they do not need to sell you oranges at this price. 8n 7 bilateral contract will be formed by bidder start to bid as an offer and auctioneer

)ware the offer before fulfilled the performance is valid communicate! "ibbons v &roctor Treitel: it can be e9/laine that when the officer as the agent of offeree /ass the message to the offeror: they had aware the offer in the advertisement before reach the offeror

>now the offer but refuse to claim during the acceptance and claim afterward! valid! offeree.s motive of doing is irrelevant$ as long as offeree new the offer$ entitled to claim. 6illiams v Carwar ine &ersuasive: +orget$ ignore or never heard of offer! not valid! 4 v Clar'e "ross offer! not valid! Subjectively they might in agreement but objectively they are not! Tinn v Hoffman & Co