Distinguishing between an Offer and an Invitation to Treat Essay

Distinguishing between an Offer and an Invitation to Treat - Essay Example An invitation to treat comes in when something is displayed in a shop window or a catalogue mentioning prices of goods. Normally this is not an offer; hence it cannot coerce the shopkeeper to sell the items at the stated price. For this case a contract is made when a prospective buyer accepts the price stated in the items and it created when the item is placed over the counter but not when the customer remove the item on the supermarket shelves. There is an acceptance in both offer and invitation to treat. For example in an offer, there must be an offeror and an offeree while on the hand in invitation to treat there must be a place or a shop where goods have been displayed together with their prices and a customer makes an offer when he present them at the cash desk. For the case of an offer, it must be communicated for a contract to arise, therefore the two parties must be of the same mind otherwise it cannot be accepted by a person who has no knowledge that an offer has been made. In invitation to treat, it does not have to be communicated as items are displayed in a supermarket and a person enters and makes an offer when he places it on the counter and not necessary that he should have had knowledge that an offer had had been made. ... took them to the cash desk where they paid for them. It was held that the customer made the offer when he presented them at the cash desk, and not when he removed them from the shelves.3 Similarities between an Offer and an Invitation to Treat There is an acceptance in both offer and invitation to treat. For example in an offer, there must be an offeror and an offeree while on the hand in invitation to treat there must be a place or a shop where goods have been displayed together with their prices and a customer makes an offer when he present them at the cash desk. Both offer and acceptance remain open for duration of time and they can be accepted only before time expires. In both offer and invitation to treat, the offeror is free to attach any condition in the offer or invitation to treat before he communicated to the target group for acceptance. There is an intention to create a legal relation. One cannot bind the other party without his consent in both offer and invitation to treat. Both offer and invitation to a treat can be revoked anytime before an acceptance is made. Both offer and acceptance may be made by a word of mouth, in writing or by conduct. Differences between an Offer and Invitation to a Treat For the case of an offer, it must be communicated for a contract to arise, therefore the two parties must be of the same mind otherwise it cannot be accepted by a person who has no knowledge that an offer has been made. In invitation to treat, it does not have to be communicated as items are displayed in a supermarket and a person enters and makes an offer when he places it on the counter and not necessary that he should have had knowledge that an offer had had been made. The following