Lecture 4

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Lecture-4 Law of Contracts-I Kinds of Offer ã General Offer and Particular (Specific) Offer  Weeks v Tybald (1605) 75 ER 982.  Carlill v Carbolic Smoke Ball Co (1893) 1QB 256. ã Acceptance by performing conditions or receiving consideration (S. 8):  Harbhajan Lal v Harcharan Lal AIR 1925 All 539. SLIDE-1 10/01/2011 Lecture-4 Law of Contracts-I ã Implied and Express Promise (S. 9)  Upton Rural District Council v Powell (1942) 1 All ER 220. ã Cross Offers  Tinn v Hoffmann (1873) 29 LT
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   Lecture-4 Law of Contracts-I   Kinds of Offer ã General Offer and Particular (Specific) Offer  Weeks  v  Tybald    (1605) 75 ER 982.  Carlill  v  Carbolic Smoke Ball Co  (1893) 1QB 256. ã  Acceptance by performing conditions orreceiving consideration (S. 8):  Harbhajan Lal   v  Harcharan Lal   AIR 1925 All 539. SLIDE-1 10/01/2011   Lecture-4 Law of Contracts-I   ã Implied and Express Promise (S. 9)  Upton Rural District Council  v  Powell    (1942) 1 All ER 220. ã Cross Offers  Tinn  v  Hoffmann    (1873) 29 LT 271. ã Standing/Open/Continuing Offer o  Tender for the supply of goods and services SLIDE-2 10/01/2011   Lecture-4 Law of Contracts-I   Offer and Invitation to Treat   An offer is an expression of a willingness (to contract) on certainterms made with the intention that a binding agreement will existonce the offer is accepted. If an individual is not willing toimplement terms, but merely seeking to initiate negotiations, this isnot an offer but an ‘invitation to treat’ .  Harvey  v  Facey    (1893) AC 552.  Mc Pherson   v   Appana  AIR 1951 184: 1951 SCR 161.   Adikanda Biswal   v  Bhubaneshwar Development  Authority     AIR 2006 Ori 36.  Badri Prasad   v  State of MP     AIR 1970 SC 706. SLIDE-3 10/01/2011   Lecture-4 Law of Contracts-I   Some everyday situations which we might think are offers are, in fact, ‘invitations to treat’:   ã Goods displayed in a shop window or on a shelf : o When a book is placed in a shop window priced at xxx, the bookshop owner has made an invitation to treat. o When I pick up that book and take it to the till, I make the  offer  to buy the book for xxx. o When the person at the till takes my money, the shop accepts  my offer, and a contract comes intobeing. o  Adverts basically work in the same way as the scenario above. Advertising something is like putting it in a shop window: o Invitation to tender for work: o  Auctions: o The srcinal advertising of the auction is just an invitation to treat. o When I make a bid, I am making an offer. o When the hammer falls, the winning  ‘offer’  has been accepted. The seller now has a legally binding contract with the winning bidder (so long as there is no reserve price that  hasn’t  been reached) SLIDE-4 10/01/2011
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