Business Law?

Question

Can any one tell me what is the difference between OFFICER and INVATION OF TREAT ? May I have some sample as well??

Update:

Wrong spelling. I am asking OFFER and INVATION OF TREAT

Answer 1

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Theoretically, offer is an indication by one person to another of the former's willingness to contract on certain terms without further negotation. A binding contract is then formed upon acceptance of the offer. Invitation to treat is, however, not an offer but an indication of a person's willingness to negotiate a contract. There is no agreement to contract.

Classical cases on offer and invitation to treat:

Gibson v. Manchester CC [1979] - 'may be prepared to sell' is not an offer;

Fisher v. Bell [1961] (a very funny case) - display of good for sales is not an offer;

Partridge v. Crittenden [1968] - Ad is generally an invitation to treat;

Harris v. Nickerson [1873] - Ad of auction is an invitation to treat;

Storer v. Manchester CC [1974] - further negotation amounts to an offer;

Carlill v. Carbolic Smoke Ball [1893] (the most famous case in law of contract) - Ad to the whole world is an offer;

To sum up with, an offer would become a binding contract once accepted, while an invitation to treat would not. It depends if materials terms and the intention of the parties that determine whether it is an offer or an invitation to treat.

Source(s): 法律系二年級生

Answer 2

Do u mean OFFER and INVATATION OF TREAT?

eg.1. I will give u $100 if u help me to wash my clothes. The $100 is my offer and if u

wash my clothes in order to get the $100, your action (washing clothes) is an

acceptance. i.e. u accept my offer.

eg.2. I post an advertisment :"ANYONE WHO CAN CLIMB UP TO THE TOP OF MY

TREE, I WILL GIVE HIM $100".

By seeing the advertisement, u try to climb up my tree, and u successfully climb

up to the top, then i give u $100.

My action of posting the advertisement is an INVITATION TO TREAT. Invite

people (offeror) to make an offer(climbing the tree). Your action of climbing the tree

is an OFFER .

Auction is an example of invitation to treat. The seller is making an invitation to treat. People who provide the price is an offeror who make the 'offer' and waiting the seller to accept.