Invitation To Treat Case Study

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INVITATION TO TREAT (INVITATION TO BARGAIN) Display of goods in hypermarket shelves is an invitation to treat. This is because no contract is deduced when a customer takes a good from the shelf and place it at the counter for them to make a payment at the cash desk. When payment is made, it is said to be accepted. For example if Robert accepts with Jordan’s invitation to do a business together, a contract does not exist. If Robert agrees with Jordan’s invitation, Robert will make an offer. However, it is up to Jordan whether to accept or reject the offer. An invitation to treat is an assertion of willingness to negotiate with the aim of creating an offer. In other words, it is a unique expression showing an individual’s willingness to negotiate, but not that he/she is yet willing to be bound by the terms or conditions mentioned (Kuchhal and Kuchhal, 2013). Forming an invitation to treat protects the individual from contract he/she could not fulfil. An invitation to treat cannot be accepted as a binding contract between parties. An invitation to treat is a bilateral contract that involve two parties. Furthermore, an invitation to treat is not an offer but an offer to consider offers such as auctions where individuals are allowed and encouraged to bid…show more content…
Acceptance is only made when customer made a payment at the counter with the goods selected. Therefore, Boots Cash Chemist LTD had not made an unlawful sale. 3) Harrison v Nickerson [1873] – An auctioneer advertised an auction in newspaper. Harrison acknowledge the sale and went only to find out the items he is interested in bidding had been withdrawn. The issue was whether the advertisement of the auction was a declaration of purpose to hold the sale or an offer. Held: The advertisement of the auction is simply an invitation to treat. There was no guarantee that it would be held therefore there is no contract formed.

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