Download Invitation to treat and more Slides Communication in PDF only on Docsity! Offer: is an expression of willingness to enter into a contract on certain terms (Partridge v. Crittenden) “may be willing to sell” is not an offer (Gibson v Manchester City Council) Invitation to treat An expression of willingness to negotiate. A person making an invitation to treat does not intend to be bound as soon as it is accepted by the person to whom the statement is addressed (Pharmaceutical society of Great Britain v Boots cash chemists) The test for invitation to treat: (Pharmaceutical society of Great Britain v Boots cash chemists) If communication states the person does not intend to be bound by the recipient’s response, it will not be an offer. The use of the words “offer” and “acceptance” are not decisive If it is commercially inconvenient to interpret the communication as an offer, the courts tend to construe it as an invitation to deal. If further negotiation is required – more likely to be an invitation to treat. Common form of invitation to treat: Ads (Partridge v. Crittenden) Displayed good (Pharmaceutical society of Great Britain v Boots cash chemists) Auction: No contract formed except upon the fall of the hammer (with or without reserve). (AGC Ltd v McWhirter) Without reserve auction, there may be a separate contract to govern the way in which auctions are conducted (Warlow v Harrison) Tenders: (Harvela Investment Ltd v Royal trust Co of Canada Ltd) Tenders submitted are the offer. However, of the invitation indicate the lowest tender then it is an offer and the lowest tender is an acceptance Tickets (MacRobertson Miller Airline Services v Commissioner of State Taxation (WA) o Vending machines: presence of machine is offer, inserting money is acceptance (Thornton v. Shoe Lane Parking Ltd) o Prior to carriage: passenger made offer, money handed over is acceptance (Wilkie v. London Passenger Transport Board)
