Offer
Offer is definite promise that need to be bound. when the offeree agrees to the term. Invitation to treat Invitation to treat is an invitation to make offer as part of the negotiating procees Offer vs Invitation to treat Invitation to treat if it is not possible to respond to the communication by sayisng yes which would conclude the agreement. The language used is also lack in terms of firmness such as in the case of Gibson V Manchester City Council. In this case the Council had replied that"it may be prepared to sell". This means that the Council is invited the plaintiff to complete the application form. Examples of Invitation to treat Brochures, Advertisements and Circulars ( unilateral in nature) In Partridge v Crittenden, it is justified that the advertisements are considered as an invitation to treat. This is based on the Lord Herscell in Grainger & Son v Gough where if a brochure consists of an offer. and the acceptance is the customer's order. The supplier would be bound to supply when the stocks were limited. ( limited stock arguments). Retailer website. Based on Regulation 12 of the E - Commerce ( EC Directive) Regulations 2002 it stated that website would be an invitation to treat while customer's order may be the offer. Display of goods in shop window such as in the case of Fisher v Bell or Pharmaceutical Society of great Britain v Boots Cash Chemist ( supermarket shelves). In these cases the offer is made by the customer on presenting the goods to purchase to the cashier / communicating the offer to buy. The shop accept it by moving the goods over the barcode reader. Request for bids or tenders. This is considered as an invitation to treat as in the case of Spencer v Harding. It enables the requestor to control the formation of the bilateral contract to buy, sell or perform the service.The bidder who will be awarded the contract will be chosen by the requestor. There is no liability in failure to award the bilateral contract to the lowest or highest bidder. In the case of Harris v Nickerson, it is still considered as an invitation to treat as the auctioneer or advertiser can control the agreement by determining the acceptance. This is common in request for a bid at an auction or an advertisement that an auction is to be held. The advertised auction can be cancelled and the goods can be removed from sale at a general auction.
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