OCR A2 Law - The Law of Contract - Formation of a Contract - Offer (3)

  • Created by: Majid
  • Created on: 14-03-13 11:51

Formation of a Contract - Offer (3)

3).Adverts:Another circumstance where judges have recognised ITT's are in the case of adverts. Adverts are generally ITT's but it depends on the level of detail in the advert, if there isn't enough detail it's likely to be an offer. A case to illustrate this "Carlill v TCSBC" here there was a detailed advert regarding the use of a smoke ball, the advert indicated regarding the use of a smoke ball, the advert indicated a course of action which Carlill performed, and this amounted to Carlill being able to claim her £100.

AO2: The case represents the existence capable of being accepted via performance. There is no need to communicate.

By contrast, in the case of "Partridge v Crittenden", an advert simply stated coks and hens at 25 shillings and it was held it was an ITT as the statements were vague, so it was not an offer.

AO2: This protects the seller from entering to many contracts and not having enough birds to supply due to exhausted stocks as stated by Lord Parker, in this circumstance potential buyers can make offers and the seller has the freedom to accept or reject them. 

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