3.1 Offer
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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 or discussions required.[1]
[1] Ch 2.1, Element of the Law of Contract (2009), Study Guide, University of London International Programme, Catherine MacMillan & Richard Stone.
Bilateral Contract
Unilateral Contract
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Invitation to Treat
Fisher v Bell[1]
A shopkeeper displayed a flick knife in his shop window … He was charged with offering the knife for sale contrary to the statute. Held: a display of goods in a shop window with a price ticket attached was merely an invitation to treat and not an offer for sale so that no offence had been committed.
[1] [1961] 1 QB 394 (QB)Partridge v Crittenden [2]
The plaintiff had placed an advertisement in a periodical which read ‘Bramblefinch cocks, Bramblefinch hens, 2s each’. The plaintiff was charged with unlawfully offering for sale a wild live bird which was contrary to s. 6(1) of and Sch. 4 to the Protection of Birds Act 1954. Held: the advertisement was an invitation to treat, not an offer for sale. It followed that the plaintiff could not be guilty of the offence charged.
[2] [1968] 1 WLR 1204
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