英国合同法复习资料.docxVIP

英国合同法复习资料 英国合同法复习资料 -CAL-FENGHAI-(2020YEAR-YICAI)_JINGBIANLecture 1 Offer and acceptance IWhat is an offer?Key principles: An offer is a statement which objectively indicates that the offeror is prepared900 pounds〞P:“We agree to buy for the sum of 900 pounds asked by you〞 D refused to sell. Held: D is not b ound. P’s first telegram asked two questions and D answered only the second. D had made no promise, express or implied to sell. A statement of the minimum price at which asell the house to you〞 and invited Gibson to fill in a form. Gibson filled in but council refused to sell.Held: No contract. The words “may be prepared to sell〞 are fatal to this. The Council did not make an offer but only invited offers and the tenant made a firm offer which was rejected by the Council. The tenant’s application was an offer rather than an acceptance.Recognized instances of invitations to treatAdvertisementsKey principles: Advertisements are normally invitations to treat because it is clear that theeach. No details as to quantity.Held: The ad did not amount to an offer to sell.after using the smoke ball as directed and that to show its sincerity it had deposited ￡1000 in a bank account. P used the smoke ball, but nevertheless caught flu.Held: the ad was an offer to the world which was accepted by P when she used the smoke ball as directed. She was entitled to the ￡100.Shop displaysKey principles: the display of goods for sale on a supermarket shelf is an invitation to treat, andHeld :As a general rule, display of flick knife in a shop window is an invitation to treat and notsupervision of a registered pharmacist. In this shop, the pharmacist could refuse to allow the purchase at the cash desk.Held: Putting up goods on the shelves of a self-service shop was an invitation to treat. There was no sale until the shopkeeper accepted the customer’s offer to buy. The main practical consequence of this are under the law of contract, shops are not bound to sell goo