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Offer or invitation to treat

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Why bother with a post grad course - waste of time? 17-10-2016
    • Thread Starter

    So we all know the general rule that an advert for a bilateral contract is considered an invitation to treat, justified on the basis of the limited stocks argument and that a unilateral contract is an offer. In some problem questions however I hear they often put a scenario where an individual places an advert which says 'Special Offer: One boat for sale'. On the objective construction of contract would the courts construe this as an offer or still as an invitation to treat because the person who put the advert there should be free to not accept if she so chooses. Because there is only one item for sale it can't be justified on the limited stocks argument. Just wondering how you guys would approach it in a problem question in an exam - follow the general rule or treat it literally as an offer.

    That sounds complicated. Id look at what the intention of the person placing the advert was. Can you say there was an intention to be bound there and then. Carlil. In the case of ITT that's nornally shop adverts. Cba to look it up if theres an newspaper advert ITT case. Seems to be
    Partridge v Crittenden [1968] 1 WLR 1204

    I would say its ITT unless he wrote something to suggest he would be bound.
    • Thread Starter

    Thanks for this. That's probably the approach I would take but just wanted to know if anyone had encountered this before and had a case to demonstrate how the courts Would interpret it. There doesn't seem to be any so I'll go with your approach. Cheers!
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