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  • offer accounts for 5 out of 705 casebriefs.

Style of causeRatio

Adams v. Lindsell, [1818] EWHC KB J59.

Postal Rule: Contract is made when mail is sent, not received.

Blair v Western Mutual Benefit Association, [1972] 4 WWR 284.

(1) A party must intend to make an offer for it to be an offer capable of acceptance, and it must be communicated to the party to whom it is directed in order to prove that the offeror intended to be legally bound.

(2) It makes no difference if the offeree knows about the offer by another means – it must be deliberately communicated to them by the offeror.

Canadian Dyers Association Ltd. v Burton (1920), 47 OLR 259 (HL)

A mere statement of price does not constitute an offer to sell; it is no more than an invitation to treat. However, courts will consider the language used and context, in addition to subsequent actions of both parties when determining whether an offer was made.

Cooke v Oxley, 1790.

There is no 'continuing offer' unless supported by consideration.

Crown v. Clarke, (1927) 40 CLR 227.

The intention of the offeree to consistently/unwaveringly desire a reward is necessary to be sufficiently 'aware' of the reward when giving the information to meet the condition of the reward. If the purpose of giving the information is for a purpose or goal that is not specifically to accept the reward, no contract is made and the reward cannot be claimed.