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Contract Law - Offer

There are four elements of a contract: Offer Acceptance Consideration Intention to create legal relations (ICLR) An offer is a definite promise to be bound if certain terms are accepted. This can be distinguished from willingness to enter into negotiations known, in legal terms, as an invitation to treat. An offer can be direct or it can be to the world at large Carlill v Carbolic Smokeball Co [1893]. An invitation to treat is not an offer; Timothy v Simpson (1834). Invitations to treat are commonly found in advertisements (Partridge v Crittenden [1968]) and goods that are on display in a shop (Pharmaceutical Society of Great Britain v Boots Cash Chemists (Southern) Ltd [1952]; Fisher v Bell [1952]). Invitations to treat can be identified by whether the parties are still negotiating (Harvey v Facey [1893]) as opposed to where there is clear offer and acceptance (Bigg v Boyd Gibbins Ltd [1971]). While language is important, just because the word 'offer' is used this is not conclusive in and of itself (Datec Electronic Holdings Ltd v United Parcels Service Ltd [2007]). Auctions are a unique situation. Bids are seen as offers that are accepted when the auctioneer bangs his gavel (Payne v Cave (1789)). If an auction is without reserve then this amounts to a collateral contract with the highest bidder (Barry v Heathcote Ball & Co (Commercial Auctions) Ltd [2001]). Advertisements that goods are to be sold on a certain date are not binding (Harris v Nickerson (1873)).