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Random Scenario- Invitation to treat

Hey guys,
Im revising for a law exam, and came across an example that Im a little baffled with..
Say for example I see a brochure which describes an awesome holiday, that gives me a price, but I come back and it didnt provide what it advertised in the brochure, and didn't match all its claims e.g hotel with great food, and it was terrible.. Is this a invitation to treat?


Thank you in advance
(edited 7 years ago)
Original post by artymaniac
Hey guys,
Im revising for a law exam, and came across an example that Im a little baffled with..
Say for example I see a brochure which describes an awesome holiday, that gives me a price, but I come back and it didnt provide what it advertised in the brochure, and didn't match all its claims e.g hotel with great food, and it was terrible.. Is this a invitation to treat?
Also does anyone know of any similar cases?

Thank you in advance


Surely this scenario is about misrepresentation, not about offers vs invitations to treat?
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Avatar for artymaniac
artymaniac
OP
13
Thanks for getting back to me, it is much appreciated.. In the textbook it said that invitation to treats were vague advertisements- so I was a little confused in identifying whether this was an offer or itt- do you think it is necessary to state this if this was a exam question??? Do you think to best advise this person I should look for misrepresentation cases and apply the same results? Also- if the company were aware that they couldn't offer some of the things they were offering but still offered it do you know how I should advise them/ where I can find some advice*hypothetically*
Original post by Forum User
Surely this scenario is about misrepresentation, not about offers vs invitations to treat?
(edited 7 years ago)
Original post by artymaniac
Thanks for getting back to me, it is much appreciated.. In the textbook it said that invitation to treats were vague advertisements- so I was a little confused in identifying whether this was an offer or itt- do you think it is necessary to state this if this was a exam question??? Do you think to best advise this person I should look for misrepresentation cases and apply the same results? Also- if the company were aware that they couldn't offer some of the things they were offering but still offered it do you know how I should advise them/ where I can find some advice*hypothetically*


I think I better stop speculating because slight changes in the facts could make the answer vastly different. It seems to me that any one of a number of things is possible on the basis of what has been described so far:

(i) The holiday-maker's remedy lies in the Package Travel Regulations 1992, and has little or nothing to do with ordinary contract law;

(ii) The statements in the brochure became terms of the contract by virtue of s. 50(1)(a) of the Consumer Rights Act 2015, so that the holiday-maker has an action for breach of contract.

(iii) Neither (i) nor (ii), but the statements were non-innocent misrepresentations so that the holiday-maker has an action for damages under s. 2(1) Misrepresentation Act 1967;

(iv) Neither (i) nor (ii) but the statements were innocent misrepresentations so that the holiday-maker has no remedy given that he can no longer rescind the contract and thus damages in lieu under s. 2(2) Misrepresentation Act 1967 are not available.

(v) The statements in the brochure were not terms of the contract or representations but just 'puffery' as in Dimmock v Hallett, so that the holiday-maker has no remedy.
(edited 7 years ago)

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