409673
Description
Mind Map by chloe.crismani, updated more than 1 year ago
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Created by chloe.crismani
over 10 years ago
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Offer and Invitation to Treat
- What is an Offer?
- An offer is an expression of
willingness to enter into a legally
binding agreement without further
negotiation.
- The communication in an offer
must be: 1. Sufficiently specific
in terms of the main obligations.
2.be capable of immediate
acceptance. 3. Intended to be
legally binding.
- The communication in an offer
must be: 1. Sufficiently specific
in terms of the main obligations.
2.be capable of immediate
acceptance. 3. Intended to be
legally binding.
- An offer is an expression of
willingness to enter into a legally
binding agreement without further
negotiation.
- What is an Invitation to Treat
- An invitation to treat is simply a wish to open up
negotiations. The language used is important in
distinguishing whether there is an offer or ITT. This
is determined objectively and was established in
the case Gibson v Manchester City Council [1979]
- Self Service Displays. e.g. Pharmaceutical Society of
G.B. v Boots [1953}. The display of goods on
supermarket shelves was merely an invitation to
customers to make an offer to buy.
- Shop Window Displays.e.g. Fisher v
Bell [1961]. A display of goods in a
shop window with an attached price
ticket is merely an invitation to treat not
an offer for sale.
- Self Service Displays. e.g. Pharmaceutical Society of
G.B. v Boots [1953}. The display of goods on
supermarket shelves was merely an invitation to
customers to make an offer to buy.
- An invitation to treat is simply a wish to open up
negotiations. The language used is important in
distinguishing whether there is an offer or ITT. This
is determined objectively and was established in
the case Gibson v Manchester City Council [1979]
- Auction Sales
- Payne v Cave [1789].
Bids constitute offers
which are accepted by the
fall of the hammer.
- S. 57 (2) of the Sale Of Goods Act
1979 codifies Payne v Cave.
- S. 57 (2) of the Sale Of Goods Act
1979 codifies Payne v Cave.
- 2 Situations that require
special consideration
- 1) Auction Sale 'Without Reserve'. Warlow v
Harrison and obiter later confirmed In Barry v
Heathcote Ball & Co ltd [2001].
- 2) 'Sealed Bid' Auction. Harvela
Investments v Royal Trust of
Canada [1986] Invitation to
tender amounts to a unilateral
offer- offer must be accepted to
the submission of the highest
bid.
- 1) Auction Sale 'Without Reserve'. Warlow v
Harrison and obiter later confirmed In Barry v
Heathcote Ball & Co ltd [2001].
- Payne v Cave [1789].
Bids constitute offers
which are accepted by the
fall of the hammer.
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