offer meaning and categorization analysis

An offer is essentially a conditional but voluntary promise, given by a seller, or a buyer designated as the offeror to another buyer or seller designated as offeree, which once accepted becomes legally binding and enforceable. Unlike a solicitation or an invitation to treat, an offer denotes a clear indication by the offeror to willingly enter into an agreement with the offeree under certain specific terms that any reasonable person would understand. As such, acceptance of the given offer usually leads to the establishment of a binding contract. Offers usually include terms and conditions, as well as a closing date, without which a flat period of 30 days after the offer is assumed. The intention to be bound by the resulting contract in case the offer is accepted also forms a very important part of the contract and must be proven and undeniable for the contract to be enforceable. Considering that offers once made are legally binding, termination can only occur through the death of an offeror or an offeree, as well as in cases where a reasonable amount of time has elapsed (Treitel 1999).

Harvey v Facey (1893) AC Privy Council

Don't use plagiarized sources. Get Your Custom Essay on
offer meaning and categorization analysis
Just from $9/Page
Order Essay

The case between Harvey verses Facey confirms the importance of intention in a offer. With lack of clear intention the offer can not be legally bidding. Harvey wrote and sent a telegram to Facey asking the whether he would sell them a Bumper Hall Pen at the lowest prices. Facey then replied that the lowest price of the bumper hall pen was dollars nine hundred. Harvey received the message regarding the price and wrote back saying that they would purchase the product and that Facey should send the title deed to them for early possession. After the two parties failed to agree this telegraph messages would not be recognized as an offer since Facey had not replied that he would sell the bumper hall pen. Lack of evidence of an intention made the Privy Council to disqualify the telegram sent by Facey as an offer.

Carlill V Carbolic smoke Ball Co (1893) Court of appeal

Carbolic Smoke Ball Company wrote a newspaper advert saying that the company would reward a hundred dollars to any person who contracts influenza after having used the company’s smoke ball for a period of two weeks. For the reward to be given the balls must be used in accordance to the instructions printed on every ball.  The advert also stated that the company had deposited a thousand dollars with Alliance Bank confirming the company’s sincerity to the issue. Carlill bought the smoke balls and used them for a period of two weeks as stated and also ensured that she followed all the instructions printed on the ball. She caught the flu and decided to sue to go ahead and claim the hundred dollars as stated on the advert. However, the company declined saying that the advert was not be considered as an intention to an offer but rather a treat.

Carlill decided to sue the company but company further stated that their was no notification of acceptance, no time limit of specified for catching the flu and besides it was not possible to make an offer to the world like the advert did. The company’s arguments were rejected by the court of appeal on the basis that the advert was not a treat since depositing the money at the bank showed intention of honor. The appeal also stated that Carill showed intention to accept by following the guidelines stated on the advert about adhering to the directions provided on the bottle. The case provides evidence on some key characteristics of an offer. To begin with the intention must exist and does not necessary have to be written but rather a party’s actions can be used to show intention. Further, an offer does not have a fixed number a limited number of parties and therefore the company could make the offer to as many people as possible.

Hyde V. Wrench (1840)

The case between Wrench and Hyde brings to right the impact of a counteroffer in determining the strength and validity of an original offer. Wrench decides to sell his estate for 1200 pounds to Hyde who declines. He is later asked to buy for 1000 pounds but insists he would like to buy it for 950 pounds. Wrench postpones the topic saying he would give his feedback after two weeks. After the time had elapsed, he declines to sell the estate at 950 pounds requested and also rejects Hyde’s request to buy at 1000 pounds that he had offered. Hyde decides to sue Wrench for breach of contract arguing that he had offered to sell the estate at 1000 pounds. The court ruled that by offering to buy the estate at a 950 pounds and agree to negotiate on the same, the initial offers were nullified. Therefore, with the existence of a counteroffer, the original offer is negated.

Ramsgate Victoria Hotel v Montefoire (1866) LR 1 Ex 109

Montefoire offered to purchase shares in Ramsgate Victoria hotel at a given price, although the offer was only accepted by the claimant company 6 months later, after the values of the shares in question had already fallen considerably. When the defendant refused to honor the contract, the claimant brought an action suit seeking to compel the defendant to honor his side of the bargain. The courts however, held that the offer was no longer open because the nature of the subject of the contract, meant that the offer had to lapse after a reasonable period of time. If the contract lapsed, then it meant that there was no longer a contract that could be enforced to give the claimant a right to ask the defendant to perform the contract.

The case serves to highlight the importance of how long it takes before an offer is accepted, such that the resulting contract may be declared null and void if not accepted within the stipulated time, or a reasonable period of 30 days.

Dickinson v Dodds (1876) 2 Ch. D. 463

The defendant had offered to sell his house to the claimant and after meeting him agreed to keep the offer for the house open until Friday of that week. However, the defendant received a second offer on Thursday and accepted it, after which the claimant came that Friday and purported to make an offer before suing the defendant to force him to perform the contract. The courts howver held that the revocation of the offer was done in accordance with the law, and therefore no contract existed between the two parties. The seller was under no obligation to keep the offer open until the buyer was ready, as no consideration had been provided in exchange for the promise.

This highlights the importance of acceptance when it comes to making the offer become legally binding and essentially into a contract. However, this is dependent upon whether an offer is unilateral or bilateral, with unilateral offers where full performance is required.

Dahlia v Four Millbank Nominees (1978) Ch 231

Dahlia wished to purchase property from the Four Millbank Nominees, and although an agreement had been reached with no written contract agreed upon, the Four Millbank Nominees promised the defendant that if he arranged for a bankers draft within a given time, they would complete a written contract. This did not materialize, as after fulfilling the conditions of the offer and thereby accepting the terms of the offer, the offeror refused to comply after which a suit was instituted with the court holding that a unilateral contract did exist between the two parties. The case serves to highlight that a unilateral offer cannot be revoked because acceptance in most cases usually entails complete performance.




Carlill V Carbolic smoke Ball Co (1893) Court of appeal

Dickinson v Dodds (1876) 2 Ch. D. 463

Dahlia v Four Millbank Nominees (1978) Ch 231

Hyde V. Wrench (1840)

Harvey v Facey (1893) AC Privy Council

Ramsgate Victoria Hotel v Montefoire (1866) LR 1 Ex 109

Treitel, G., 1999, The Law of Contract, Sweet & Maxwell.




Get Professional Assignment Help Cheaply

Buy Custom Essay

Are you busy and do not have time to handle your assignment? Are you scared that your paper will not make the grade? Do you have responsibilities that may hinder you from turning in your assignment on time? Are you tired and can barely handle your assignment? Are your grades inconsistent?

Whichever your reason is, it is valid! You can get professional academic help from our service at affordable rates. We have a team of professional academic writers who can handle all your assignments.

Why Choose Our Academic Writing Service?

  • Plagiarism free papers
  • Timely delivery
  • Any deadline
  • Skilled, Experienced Native English Writers
  • Subject-relevant academic writer
  • Adherence to paper instructions
  • Ability to tackle bulk assignments
  • Reasonable prices
  • 24/7 Customer Support
  • Get superb grades consistently

Online Academic Help With Different Subjects


Students barely have time to read. We got you! Have your literature essay or book review written without having the hassle of reading the book. You can get your literature paper custom-written for you by our literature specialists.


Do you struggle with finance? No need to torture yourself if finance is not your cup of tea. You can order your finance paper from our academic writing service and get 100% original work from competent finance experts.

Computer science

Computer science is a tough subject. Fortunately, our computer science experts are up to the match. No need to stress and have sleepless nights. Our academic writers will tackle all your computer science assignments and deliver them on time. Let us handle all your python, java, ruby, JavaScript, php , C+ assignments!


While psychology may be an interesting subject, you may lack sufficient time to handle your assignments. Don’t despair; by using our academic writing service, you can be assured of perfect grades. Moreover, your grades will be consistent.


Engineering is quite a demanding subject. Students face a lot of pressure and barely have enough time to do what they love to do. Our academic writing service got you covered! Our engineering specialists follow the paper instructions and ensure timely delivery of the paper.


In the nursing course, you may have difficulties with literature reviews, annotated bibliographies, critical essays, and other assignments. Our nursing assignment writers will offer you professional nursing paper help at low prices.


Truth be told, sociology papers can be quite exhausting. Our academic writing service relieves you of fatigue, pressure, and stress. You can relax and have peace of mind as our academic writers handle your sociology assignment.


We take pride in having some of the best business writers in the industry. Our business writers have a lot of experience in the field. They are reliable, and you can be assured of a high-grade paper. They are able to handle business papers of any subject, length, deadline, and difficulty!


We boast of having some of the most experienced statistics experts in the industry. Our statistics experts have diverse skills, expertise, and knowledge to handle any kind of assignment. They have access to all kinds of software to get your assignment done.


Writing a law essay may prove to be an insurmountable obstacle, especially when you need to know the peculiarities of the legislative framework. Take advantage of our top-notch law specialists and get superb grades and 100% satisfaction.

What discipline/subjects do you deal in?

We have highlighted some of the most popular subjects we handle above. Those are just a tip of the iceberg. We deal in all academic disciplines since our writers are as diverse. They have been drawn from across all disciplines, and orders are assigned to those writers believed to be the best in the field. In a nutshell, there is no task we cannot handle; all you need to do is place your order with us. As long as your instructions are clear, just trust we shall deliver irrespective of the discipline.

Are your writers competent enough to handle my paper?

Our essay writers are graduates with bachelor's, masters, Ph.D., and doctorate degrees in various subjects. The minimum requirement to be an essay writer with our essay writing service is to have a college degree. All our academic writers have a minimum of two years of academic writing. We have a stringent recruitment process to ensure that we get only the most competent essay writers in the industry. We also ensure that the writers are handsomely compensated for their value. The majority of our writers are native English speakers. As such, the fluency of language and grammar is impeccable.

What if I don’t like the paper?

There is a very low likelihood that you won’t like the paper.

Reasons being:

  • When assigning your order, we match the paper’s discipline with the writer’s field/specialization. Since all our writers are graduates, we match the paper’s subject with the field the writer studied. For instance, if it’s a nursing paper, only a nursing graduate and writer will handle it. Furthermore, all our writers have academic writing experience and top-notch research skills.
  • We have a quality assurance that reviews the paper before it gets to you. As such, we ensure that you get a paper that meets the required standard and will most definitely make the grade.

In the event that you don’t like your paper:

  • The writer will revise the paper up to your pleasing. You have unlimited revisions. You simply need to highlight what specifically you don’t like about the paper, and the writer will make the amendments. The paper will be revised until you are satisfied. Revisions are free of charge
  • We will have a different writer write the paper from scratch.
  • Last resort, if the above does not work, we will refund your money.

Will the professor find out I didn’t write the paper myself?

Not at all. All papers are written from scratch. There is no way your tutor or instructor will realize that you did not write the paper yourself. In fact, we recommend using our assignment help services for consistent results.

What if the paper is plagiarized?

We check all papers for plagiarism before we submit them. We use powerful plagiarism checking software such as SafeAssign, LopesWrite, and Turnitin. We also upload the plagiarism report so that you can review it. We understand that plagiarism is academic suicide. We would not take the risk of submitting plagiarized work and jeopardize your academic journey. Furthermore, we do not sell or use prewritten papers, and each paper is written from scratch.

When will I get my paper?

You determine when you get the paper by setting the deadline when placing the order. All papers are delivered within the deadline. We are well aware that we operate in a time-sensitive industry. As such, we have laid out strategies to ensure that the client receives the paper on time and they never miss the deadline. We understand that papers that are submitted late have some points deducted. We do not want you to miss any points due to late submission. We work on beating deadlines by huge margins in order to ensure that you have ample time to review the paper before you submit it.

Will anyone find out that I used your services?

We have a privacy and confidentiality policy that guides our work. We NEVER share any customer information with third parties. Noone will ever know that you used our assignment help services. It’s only between you and us. We are bound by our policies to protect the customer’s identity and information. All your information, such as your names, phone number, email, order information, and so on, are protected. We have robust security systems that ensure that your data is protected. Hacking our systems is close to impossible, and it has never happened.

How our Assignment  Help Service Works

1.      Place an order

You fill all the paper instructions in the order form. Make sure you include all the helpful materials so that our academic writers can deliver the perfect paper. It will also help to eliminate unnecessary revisions.

2.      Pay for the order

Proceed to pay for the paper so that it can be assigned to one of our expert academic writers. The paper subject is matched with the writer’s area of specialization.

3.      Track the progress

You communicate with the writer and know about the progress of the paper. The client can ask the writer for drafts of the paper. The client can upload extra material and include additional instructions from the lecturer. Receive a paper.

4.      Download the paper

The paper is sent to your email and uploaded to your personal account. You also get a plagiarism report attached to your paper.

smile and order essaysmile and order essay PLACE THIS ORDER OR A SIMILAR ORDER WITH US TODAY AND GET A PERFECT SCORE!!!

order custom essay paper