accaF4背诵讲义 已修改

1. OFFER(an offer is difinite promise to be bound on specific terms and must be distiguished from t

1. OFFER (an offer is difinite promise to be bound on specific terms and must be distiguished from the mere supply of information an from an invitation to treat) 能够 In the law of contract, an offer is adefinite promise to another to be bound on specific terms. It is capable of () acceptance so as to form abinding contract.\\\An offer can be made to an individual, aclass of persons or to the world Carlill vCarbolic Smoke Ball Co 1893 at large and it can be accepted by the conduct of the offeree () the smoke ball must protect the user during the period of use-the offer was not vague.Such an offer was possible,as it could be compared to reward cases.\\\Once an offer has been accepted, abinding contract is created. Either party may legally enforce the promise of the other. Supply of information Amere supply of information is not an offer, because there is no intention to be bound. For example, stating the Harvey vFacey minimum price that one would consider if asale were to be agreed does not make an offer ( 1893 )The defendant’s telegram was merely astatement of his minimum price if asale were to be agreed.it was not an offer which the claimant could accept. Statement of intention Similarly, amere statement of intention is not an offer neither.advertising an event such as an auction will take place Harris vNickerson does not make an offer. (). 2. INVITATION TO TREAT indication An invitation to treat is an that someone is prepared to receive offers with the intention to form abinding contract. There is no binding contract until this offer is made and, in turn ,accepted. Advertisements Partridge vCrittenden 1968) An advertisement of goods for sale is usually an attempt to induce offers ( Display of goods in ashop window for ashopkeeper was prosecuted offering for sale an offensive weapon by exhibiting aflick knife in the shop window. Fisher vBell 1961 In ,The display of an article with aprice on it in ashop window is merely an invitation to treat.It was held that this was not an offer for sale, but an invitation to treat. Auction sales （拍卖） the highest bidder, An auctioneer’s request for bid is not an offer to sell to but an invitation to treat. The bid itself is Payne vCave 1789). an offer, which the auctioneer is then free to accept or reject ( Invitations for tenders () 竞标 3. ACCEPTANCE OF AN OFFER ACCEPTANCE Valid acceptance of avalid offer is one of the essencials of acontract\\\ An acceptance must be an unqualified () agreement to the terms of the offer. Acceptance is generally not 无条件的 effective until communicated to the offeror, except where the ‘postal rule’ applies. Apurported acceptance which (Hyde vWrench introduces any new terms is acounter-offer, which has the effect of terminating the original offer 1840).T he original offer of 1000 had been terminated by the counter-offer of 950. Aresponse to an offer which is actually arequest for further information will not form an acceptance. Acceptance ‘subject to contract’ to Acceptance ‘subject to contract’ means that the offeree is agreeable the terms of the offer but proposes that the parties should negotiate aformal contract. Neither party is bound until the formal contract is signed. Method of acceptance The acceptance of an offer is made by aperson authorised to do so, usually the offeree or his authorised agent. In Carlill vCarbolic Smoke Ball Co 1893 some circumstance (), performance of the act required by the offer or consititutespassive inaction or advertisement an acceptacne. There must be some act on the part of the offeree since Felthose vBindley 1862 silence is not capable of acceptance ()The action failed.the claimant had no title to the horse. The communication of acceptance Acceptance is generally not effective until communicated to the offeror, except where the ‘postal rule’ applies, or specify the sole means the offeror waives the need for communication.The offeror may of communication, in which case only compliance with their terms will suffice Postal rule Adams vLindsell 1818The is subject to Communication of acceptance by means of post the postal rule established in acceptance was made ‘in course of post’no time limit was imposedand was sffective when posted on 5Sep. （） . wherewithin the contemplation () 期望 It provides that the use of the post is of both parties, and the letter is correctly addressed and stamped and put into the post, the acceptance is complete and effective as soon as aletter is posted, even though it may be delayed or even lost in the post. deduced from The intention to use the post for communicaiton of acceptance may be the circumstances. If the offeror specifies aparticular means of communication, the postal rule may not apply 4. REVOCATION OF AN OFFER The offeror may revoke or cancel the offer at any time before acceptance unless by aseparate opinion agreement,