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Agreement: Offer and Acceptance
For a contract to exist, there must be an agreement between the parties – this requires an offer and acceptance.
Definition of Offer
An offer is a proposal (or promise) showing a willingness to contract on firm and definite terms (Gibson v MCC).
Invitations to Treat + Examples
Statements which indicate willingness to negotiate, but not to make a legal offer, are invitations to treat. Examples include goods in a shop window (Fisher v Bell), goods on a shelf (Boots Cash Chemists) and advertisements (Partridge v Crittenden).
Communication of Offer
An offer must be communicated to the offeree.