invitation to treat

Cards (19)

  • what is an invitation to treat?
    A statement preparatory to an offer, ie when a party is merely inviting offers.
  • what are the 4 examples of invitations to treat?
    Adverts
    Goods displayed in a shop window or shelf
    Lots in an Auction
    A request for information
  • Advertisements of goods for sale are normally interpreted as invitations to treat.
  • What did Lord Parker CJ say when one is dealing with an advertisement or circular?
    When one is dealing with advertisements and circulars, unless they indeed come from manufacturers, there is business sense in their being construed as invitations to treat and not offers forsale
  • What case shows how advertisements of goods for sale are normally interpreted as an invitation to treat?
    Partridge v Crittenden
  • What is the RD of Partridge v Crittenden?
    Advertisements of goods for sale are normally interpretedas invitations to treat
  • When will an advertisement be construed as an offer?
    If the offer is unilateral.
  • What does it mean if a contract is unilateral?
    A contract will be unilateral where there is a promise to perform an obligation with no corresponding obligation on the other party to do anything
  • What case illustrates a unilateral contract?
    Carlill v Carbolic Smoke ball Co
  • What is the significance of Carlill v Carbolic Smoke Ball Co?
    It illustrates a unilateral contract.
  • the display of goods with a price ticket attached in a shop window or on a supermarket shelf is not an offer to sell but an invitation for customers to make an offer to buy.
  • What cases show how the display of goods with a price ticket attached in a shop window or on a supermarket shelf is not an offer to sell but an invitation for customers to make an offer to buy?
    Fisher v bell
    Pharmaceutical society of Great Britain v Boots Cash Chemicals
  • What is the RD of the cases of Fisher v Bell and Pharmaceutical society of Great Britain v Boots Cash Chemicals? 

    It shows how the display of goods with a price ticket attachedin a shop window or on a supermarket shelf is not an offer to sell but an invitation for customers to make an offer to buy.
  • In an auction, the auctioneer's call for bids is an invitation to treat, a request for offers. The bids made by persons at the auction are offers, which the auctioneer can accept or reject as they choose. Similarly, the bidder may retract his bid before it is accepted.
  • What is the significance of the case of Payne v Cave?
    It shows how someone can retract their offer at an auction before the Auctioneer signifies their acceptance of the offerer's offer.
  • A request for information and a reply to that is not an offer. The request might be for the price, or anything about an item.
  • What case shows how an offerer can retract their offer at an auction before the Auctioneer accepts it?
    Payne v Cave
  • What case shows how a request for information and a reply to that request is not an offer. The request might be about the price or anything else about an item?
    Harvey v Facey
  • what is the significance of the case of Harvey v Facey?
    It shows how a request for information and a reply to thatrequest is not an offer. The request might be about the price or anything else about an item.