合同法offerandacceptance.pptVIP

Law of Contract Offer and Acceptance Ⅱ Why is it so important to distinguish between an offer and an invitation to treat ? If a statement is an offer, you can accept and then a contract enters into. If a statement is an invitation to treat, in which it may include some information, such as a price term, you may accept the statement. However, no contract exists and your “accepting” is actually an offer. If a statement is an invitation to treat, it is normally not legally binding. An offer, in most cases, if accepted, is legally binding and the offeror will have to keep his word. You walk into a shop and see an item for ￡9.99 (this would be an ITT), you then take it to the counter and prepare to pay ￡9.99 (the offer). The important concept here is that an ITT is not binding, i.e. when you go to the counter and the clerk says oh sorry this item is actually ￡29.99, you have no defense in demanding to be sold it for ￡9.99. How to distinguish between an offer and an invitation to treat ? Normally, catalogues, price lists, menus, and advertisements, shop windows are invitations to treat. Advertisements can also be considered offers in some specific cases. Lefkowitz v. Great Minneapolis Surplus Store The defendant published the following advertisement in a local newspaper: Saturday 9 A.M. Sharp 3 Brand New Fur Coats Worth to $100.00 First Come First Served $1 Each Whether in any individual instance a newspaper advertisement is an offer rather than an invitation to treat depends on the legal intention of the parties and the surrounding circumstances. We are of the view on the facts before us that the offer by the defendant of the sale of the fur was clear, definite, and explicit, and left nothing open for negotiation. The plaintiff having successful managed to be the first one to appear at the sellers place of business to be served, as requested by the advertisement, and having offered the stated purchase price of the article, he was entitled to performance on the part