accaF4背诵课件已修改教学内容Word文档格式.docx

1、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 f

2、orm 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

3、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 informationA mere supply of information is not an offer, because there is no intention to be bound. For example, st

4、ating the minimum price that one would consider if a sale were to be agreed does not make an offer （ Harvey v Facey 1893）The defendants 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 Similarl

5、y, 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 bindi

6、ng contract. There is no binding contract until this offer is made and, in turn , accepted.AdvertisementsAn advertisement of goods for sale is usually an attempt to induce offers （Partridge v Crittenden 1968）Display of goods in a shop windowa shopkeeper was prosecuted for offering for sale an offens

7、ive 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 merely an invitation to treat.It was held that this was not an offer for sale, but an invitation to treat.Auction sales（拍卖）An auctioneers request for bid

8、is not an offer to sell to the highest bidder, but an invitation to treat. The bid itself is an offer, which the auctioneer is then free to accept or reject （ Payne v Cave 1789）.Invitations for tenders （竞标）3. ACCEPTANCE OF AN OFFERACCEPTANCEValid acceptance of a valid offer is one of the essencials

9、of a contractAn acceptance must be an unqualified （无条件的） agreement to the terms of the offer. Acceptance is generally not effective until communicated to the offeror, except where the postal rule applies. A purported acceptance which introduces any new terms is a counter-offer, which has the effect

10、of terminating the original offer （ Hyde v Wrench 1840）.The original offer of 1000 had been terminated by the counter-offer of 950.A response to an offer which is actually a request for further information will not form an acceptance. Acceptance subject to contract Acceptance subject to contract mea

11、ns that the offeree is agreeable to the terms of the offer but proposes that the parties should negotiate a formal contract. Neither party is bound until the formal contract is signed. Method of acceptanceThe acceptance of an offer is made by a person authorised to do so, usually the offeree or his

12、authorised agent. In some circumstance （Carlill v Carbolic Smoke Ball Co 1893）, performance of the act required by the offer or advertisement consititutes an acceptacne. There must be some act on the part of the offeree since passive inaction or silence is not capable of acceptance （ Felthose v Bind

13、ley 1862）The action failed.the claimant had no title to the horse.The communication of acceptanceAcceptance is generally not effective until communicated to the offeror, except where the postal rule applies, or the offeror waives the need for communication.The offeror may specify the sole means of c

14、ommunication, in which case only compliance with their terms will suffice Postal ruleCommunication of acceptance by means of post is subject to the postal rule established in Adams v Lindsell 1818The acceptance was made in course of post（no time limit was imposed）and was sffective when posted on 5 S

15、ep. It provides that where the use of the post is within the contemplation （期望） of both parties, and the letter is correctly addressed and stamped and put into the post, the acceptance is complete and effective as soon as a letter is posted, even though it may be delayed or even lost in the post.The

16、 intention to use the post for communicaiton of acceptance may be deduced from the circumstances.If the offeror specifies a particular means of communication, the postal rule may not apply 4. REVOCATION OF AN OFFERThe offeror may revoke or cancel the offer at any time before acceptance unless by a separate opinion agreement, they agree to keep the offer open for a certain