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Anonymous
Anonymous asked in 教育及參考書高等教育 (大學或以上) · 1 decade ago

offer or invitation to treat

If A write a letter to the car club for sale his car. Is it an offer ro invitation to treat?

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  • 1 decade ago
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    Offer: an expression of willingness to contract on the specified term without further negotiation, so that it requires only acceptance for a binding agreement to be formed

    Invitation to treat: an indication that the invitor is willing to enter into negotiations but is not prepared to be bound immediately

    An offer must be communicated, and could be made to a particular person, to a group of people, or to the whole world (Carlill v Carbolic Smoke Ball).

    Fact here is not clear whether A intended to be bound without further negotiation or not.

    If A's letter is merely an advertisement to be posted in the car club for attraction to interested buyers for further negotiation, this is clear that it is an invitation to treat: Partridge v Crittenden.

    If A's letter has included with specific terms, e.g. the price of the car, the condition and detail of the car, etc, with A's own contact detail, when an interested buyer from the car club comes in and "accepts" this letter, A will be bounded as it is a valid offer with acceptance.

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