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11 Cards in this Set
- Front
- Back
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Gibson V MCC Invitation to treat |
Invitation to treat is simply an expression of willingness to enter into negotiations with hope that they will lead to the conclusion of a contract at a later date. |
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Display of goods General rule Fisher V Bell PSGB V Boot Lefkowitz V GMSS |
The display of goods for sale is an invitation to treat. |
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Exception Display of goods Chappleton V Barry |
The display of goods can be considered as an offer when the courts find it unfair to leave the claimant without remedy i.e backward reasoning of prof. Atiyah. Bowerman V ABTA |
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Advertisements General rule Patridge V Crittenden |
It is an invitation to treat rather than an offer. Parker CJ: it makes business sense to make advertisements as an invitation to treat. |
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Advertisement Exception Carllil V Carbolic Smoke ball Co |
Advertisements which have a unilateral nature are offers. |
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Auction sale General rule British Car Auctions V Wright |
An auctioneer by inviting bids makes an invitation to treat. Harris V Nickerson: the advertisement of an auction sale is generally an invitation to treat. |
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Auction sale General rule British Car Auctions V Wright |
An auctioneer by inviting bids makes an invitation to treat. Harris V Nickerson: the advertisement of an auction sale is generally an invitation to treat. |
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Auction sale Exception Warlow V Harrison Barry V Davies |
They are considered to be offers when the words highest bidder or without reserve are added. Martin B stated obiter that advertisements can only be considered offers if the auctioneer states terms which makes the invitation to treat a unilateral offer and this was then applied in Barry V Davies. If there is a reserve price & it is exceeded then the same analysis as Barry should be adopted. |
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Tenders General rule |
Invitation to tender is simply an invitation to treat. |
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Tenders General rule |
Invitation to tender is simply an invitation to treat. |
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Tenders Exception Harvela V Royal trust of canada Blackpool V Blackpool |
They can be considered as an offer. In Blackpool V Blackpool where an invitation to tender can be construed as both an ITT and a unilateral offer. It is held that there is only an implied duty to consider the tenders. |
