An Offer Case Study: Fisher V. Bell

An Offer
In a contract, the most important basic that required inside is that the parties should have gotten the agreement. The agreement of contract is prepared when one party receive and admits the offer made by the other party. According to Trakic (2012), an offer is a clarification of readiness to make contract on certain terms, do it with the meaning that it intend to turn into requisite as soon as it is acknowledged and received by the other whom it is addressed. An agreement concerning two or more parties is created by an offer and an acceptance of it. According to Syed Ahmad Alsagoff (2003), there are two methods that an offer can be completed either by written or spoken, by behavior or by a combination of these methods.
Based on

The offer is an essential part of establishment of a contract but not in the invitation to treat which no need the permissible acknowledgement in contract. Case of Fisher v Bell (1961), an illegal flick knife with a price tag was displayed in a shop window. The court considered the matter settled beyond argument that it display just an invitation to treat and not an offer to sell. Different with the auction sale’s case of Warlow v Harrison (1859), the plaintiff joined the sale and bid 60 guineas but the horse’s owner bid 61 guineas. The owner was the bidder and defendant knocked down the horse to the owner for 61 guineas. The Plaintiff sued in court that the horse must be his because he was the highest bid. As the result, the courts held that the seller cannot bid and the horse offered must selling to the highest

First of the principle, an approval must be communicated where statement of acceptance is done after conversed to the offeror. An example to related issue, the case of Wrench v Hyde (1840) after the plaintiff’s offer refused by Hyde, then the plaintiff rejected an offer of Hyde to purchase land by made a counter offer. Hyde then accepted Wrench’s previous offer for buying the farm. However, Wrench declined to sell his farm. The court said the offer be able to not to be accepted. Second’s principle is approval by post where it used term post for refer as communication. The offeror is guaranteed when the offeree posts the document even though the offeror has no information of the acceptance as mentioned in Section Four(1) Malaysian Contract Act