Distinguish an offer from the invitation to treat

Hello, I've got a problem question on contract law considering offer and acceptance and I'm struggling to distinguish at what point the offer was made. Law students, please, help me. Here is the deal:

1. X writes Y asking if he he is selling the goods she wants
2. Y answers by mail that can sell up to 40 objects she is interested and is ready to sell it for 50p each
3. X then sends him a letter stating she will buy 35 objects for the price stated by him

While I'm sure the first is the invitation to treat, I'm not sure if the 2 is the offer or an invitation to treat too. If the 2 is the offer, then the 3 is the acceptance but if the 2 is the invitation to treat then the 3 is the offer. I personally think that the 2 is not an offer because the quantity of goods he is willing to sell is not clear (up to 20 is not a definite number) and also CAN sell doesn't show the intention necessary for an offer. But again, I'm not sure.

I'll be very thankful if someone helps me

Reply 1

Forum User

19

I think 'up to 40' is sufficiently clear. To me it means that there is an offer to sell 40, or 39, or 38, or.... or 1 of the items, as the other party wishes. I don't see that the fact that there isn't a specific number mentioned can be important. Surely parties contract all the time for uncertain amounts of goods at a specific price - for example E.ON contract to supply me however many kilowatts of electricity I need at so many pence per kilowatt hour...

I also don't agree with you that 'can sell' doesn't show the necessary intention. Even if does, surely the 'ready to sell for 50p each' is certain enough?

Reply 2

Firewhisky

OP

Original post by Forum User

I think 'up to 40' is sufficiently clear. To me it means that there is an offer to sell 40, or 39, or 38, or.... or 1 of the items, as the other party wishes. I don't see that the fact that there isn't a specific number mentioned can be important. Surely parties contract all the time for uncertain amounts of goods at a specific price - for example E.ON contract to supply me however many kilowatts of electricity I need at so many pence per kilowatt hour...

I also don't agree with you that 'can sell' doesn't show the necessary intention. Even if does, surely the 'ready to sell for 50p each' is certain enough?

Thank you for your answer. It is weird that I got exactly the opposite answer from another chat so now I'm even more confused :frown:

I thought 'can sell' part is tricky because of the Gibson v Manchester City Council case where the court decided that 'we may be willing to sell' is not an offer but an invitation to treat. I know that 'can sell' is a lot stronger than 'may be willing to sell' but still it seemed to me you can compare it to this case.

Reply 3

Forum User

19

Original post by Firewhisky

Thank you for your answer. It is weird that I got exactly the opposite answer from another chat so now I'm even more confused :frown:

I thought 'can sell' part is tricky because of the Gibson v Manchester City Council case where the court decided that 'we may be willing to sell' is not an offer but an invitation to treat. I know that 'can sell' is a lot stronger than 'may be willing to sell' but still it seemed to me you can compare it to this case.

The point is that Y doesn't just say 'can sell' and leave it at that. He goes on to say that he is 'ready to sell at 50p each'.

Distinguish an offer from the invitation to treat

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