Back to category: Acceptance

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Offer or an invitation to treat:

When considering this case, the most relevant and key question to answer is whether or not a contract is in existence between the two parties. When advising Quentin, the claimant, I have looked at many key issues within the case that could pivot the outcome in either parties favour. Firstly, we must determine whether Quentin’s advert is an Offer – (Something firm and definite that is capable of being accepted). Or an invitation to treat – ( where one party is inviting another to make an offer). Generally speaking, an advert is classed as an invitation to treat, an offer to the world at large, if this advert was to be an offer, you must look at whether there is anything firm and definite and anything that could indeed be accepted. Quentin’s specifications are clear, yet states no fee or any other particulars and therefore requires further negotiation.
Julian’s response on the second of January also must be dealt the same scrutiny, is this an offer or simply or simply th...

Posted by: Kelly G Hess

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