accaF4背诵讲义已修改.docVIP

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 the mere supply of information an from an invitation to treat) In the law of contract, an offer is a definite promise to another to be bound on specific terms. It is capable of (能够) acceptance so as to form a binding contract.\\\An offer can be made to an individual, a class of persons or to the world at large and it can be accepted by the conduct of the offeree ( Carlill v Carbolic Smoke Ball Co 1893) 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, a binding contract is created. Either party may legally enforce the promise of the other. Supply of information A mere supply of information is not an offer, because there is no intention to be bound. For example, stating the minimum price that one would consider if a sale were to be agreed does not make an offer ( Harvey v Facey 1893)The defendant’s telegram was merely a statement of his minimum price if a sale were to be agreed.it was not an offer which the claimant could accept. Statement of intention Similarly, a mere statement of intention is not an offer neither.advertising an event such as an auction will take place does not make an offer. (Harris v Nickerson ). 2. INVITATION TO TREAT An invitation to treat is an indication that someone is prepared to receive offers with the intention to form a binding contract. There is no binding contract until this offer is made and, in turn , accepted. Advertisements An advertisement of goods for sale is usually an attempt to induce offers (Partridge v Crittenden 1968) Display of goods in a shop window a shopkeeper was prosecuted for offering for sale an offensive weapon by exhibiting a flick knife in the shop window. In Fisher v Bell 1961,The display of an article with a price on it in a shop window is me