invitation to treat

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What is an invitation to treat?

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12 Terms

1

What is an invitation to treat?

A step in negotiations that encourages someone to make an offer, which can either be accepted or refused.

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2

Key difference between an offer and an invitation to treat?

An offer must be sufficiently specific and made with the intention to be bound, while an invitation to treat invites others to make offers.

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3

What case illustrates that not all offers are considered offers in law?

Storer v Manchester City Council [1974] 3 All ER 824 (CA) demonstrates this the distinction.

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4

What is required for a communication to constitute an offer?

It must be sufficiently specific regarding obligations and price, and made with the intention to be bound.

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5

What presumption is applied to advertisements in legal terms?

Advertisements are presumed to be invitations to treat and not offers.

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6

In which case did the court conclude that an advertisement was an invitation to treat?

Partridge v Crittenden (1968) 2 AII ER 421.

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7

What was the significance of the case Grainger & Sons v Gough [1896]?

It clarified that a price list circulated by a merchant is an invitation to treat, not an offer.

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8

What is the role of the auctioneer in an auction?

The auctioneer invites bids, and acceptance occurs only when the gavel falls.

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9

How does a request for tenders work in contractual negotiations?

Quotations in response to tender requests are offers, and there is no obligation to accept the most competitive bid.

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10

What are the two types of offers?

Bilateral offer (exchange of promises) and unilateral offer (an offer in exchange for a specified act).

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11

What case is an exception to advertisements being invitations to treat?

Carlill v Carbolic Smoke Ball Company [1893] 1 QB 256 (CA) shows this exception.

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12

What are three things that are not offers but may appear to be?

Invitations to treat, a declaration of intention, and a supply of information.

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