‘Distinguish between an offer and an invitation to treat. Watch

Rascacielos
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If you're still doing this, go through a list of various different basic contractual situations and determine whether they are an offer or invitation to treat, e.g. self-service shops; advertisements in the newspaper; things placed in a shop window. Go through some cases (you will find these on very basic contract law websites or in introductory textbooks) and see if you can find examples of each (some will have examples of both offer and ITT. Look up Carlill v Carbolic Smokeball as an example of a fairly unusual case). Then see if you can give a brief insight into what the difference is between the two - think of the characteristics of an offer in comparison to those of an ITT. Here's a quick suggestion: an offer is generally quite detailed and specific; an invitation to treat not so much. This was the distinction in Carlill.

EDIT: Ookay this thread is from 2008. Well, I'll keep my reply up anyway!
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Norton1
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(Original post by Rascacielos)
If you're still doing this, go through a list of various different basic contractual situations and determine whether they are an offer or invitation to treat, e.g. self-service shops; advertisements in the newspaper; things placed in a shop window. Go through some cases (you will find these on very basic contract law websites or in introductory textbooks) and see if you can find examples of each (some will have examples of both offer and ITT. Look up Carlill v Carbolic Smokeball as an example of a fairly unusual case). Then see if you can give a brief insight into what the difference is between the two - think of the characteristics of an offer in comparison to those of an ITT. Here's a quick suggestion: an offer is generally quite detailed and specific; an invitation to treat not so much. This was the distinction in Carlill.

EDIT: Ookay this thread is from 2008. Well, I'll keep my reply up anyway!
It's okay, it will become useful when the rash of first year moots and problem questions with this as a key part begins.
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sean99
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(Original post by Clip)
Following s.335 Gambling Act 2005, gambling contracts are enforceable.
OK, thanks for that - so I go back to my original question......

Surely Ladbrokes are subject to the same rules of offer and acceptance which make a contract ??

They clearly stated on National TV "YOU WILL GET YOUR MONEY BACK EVEN IF THE HORSE LOSES !!"

But this is not the case, and they are now hiding behind their Terms and Conditions - which were not mentioned at the time the offer was made.
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Clip
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(Original post by sean99)
OK, thanks for that - so I go back to my original question......

Surely Ladbrokes are subject to the same rules of offer and acceptance which make a contract ??

They clearly stated on National TV "YOU WILL GET YOUR MONEY BACK EVEN IF THE HORSE LOSES !!"

But this is not the case, and they are now hiding behind their Terms and Conditions - which were not mentioned at the time the offer was made.
Two things:

Firstly, I cannot believe that a major bookie would put out a TV ad without including mention of Terms.

Secondly, the TV ad is so unlikely to be an offer - it's just an ad. If the same thing appeared on the bookie's on-line betting site, where you are a couple of clicks away from parting with your money - then it could be said to be an offer.

Additionally, if the worst that will happen is you don't get a losing bet refund - one could apply O'Brien and argue that the terms that haven't been sufficiently brought to your attention aren't onerous enough to require special highlighting.


Parker v Southern Rail - terms
Chapleton v Barry UDC - terms
O'Brien v MGN - highlighting onerous terms (more analogous than the hotel case)
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IzzyMuta
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(Original post by ames1986)
Right I think I understand what the differences are but I am a little confused with adverts as many places it says there are expections all to do this whether it is vauge or not. I have the following question

Question in brief
The bank of Calendonia has an advertisement & posters up in the branch inviting students to open a bank account before the end of October and receive a new mp3 player.
Adrian goes to open an account on 30/09 and does not receive mp3 player. He is told that there is none left in stock and that he won’t receive one.

What is Adrian’s legal position?

would this be an invitation to treat or an offer? I dont know
Adrian and Calendonia both have a contract, Adrian offered to open a bank acc which the bank accepted. Adrian had been attracted by the bank's invitation to treat since he opened the account in September well before end of October complying with the terms of the contract as dictated by the bank, the bank should honour their side of the contract since Adrian honoured his.
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IzzyMuta
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(Original post by sean99)
hi,,


I have a question for you - is the following scenario an Offer or an Invitation to Treat ??


On Channel 4's program The Morning Line on Saturday 15 September 2012 Ladbroke spokesman David Williams gave details of a 'promotion of the century'.



What he said was "bet up to £20 on Camelot to win the St Leger today - and if he loses 'we'll give you your money back.'



His went on "we want everybody - all morning line viewers to participate... it is the greatest most historic no lose bet...back Camelot at 2/5 ...if he loses we are giving your money back for (up to) £20 for every single punter..you don't even have to think about it theres no reason not to back Camelot..that is what we're doing"



Chanel 4 posted up a headline whilst he was speaking : it read ‘money back if Camelot loses’.



Channel 4s presenter- Tanya Stephenson- commented on- indeed endorsed - the offer by saying, and I quote, ‘ phenomenal’.


Too good to be true ??



It certainly appears so !!



The offer was not as stated, and Ladbrokes are not giving any money back.



They are instead giving a FREE bet, which if it wins WILL NOT return your stake money - if it loses you will get nothing back.


So this does not agree with the statement "We will give you your money back".



In fact if the FREE bet loses you will get noting back at all.



Ladbrokes are hiding behind their Terms and Conditions, which were certainly not mentioned in their sales pitch.



I remember some of my Law classes and to me this looks like a Breach of Contract law - an offer/invtation to treat was made, no conditions were mentioned - the offer was accepted by customers ringing Ladbrokes to place bets.



Ladbrokes cannot now start introducing Terms and Conditions after the contract has been made imo.



I would imagine there are hundreds if not thousands of unhappy punters out there that feel they are the victim of some underhand tactics by Ladbrokes.


Do we have Class Action Suits in this country ??


£20 may not be a fortune, but if 5 or 10,000 people accepted the offer the amount soon mounts up.


If the advertisement indicates a course of action in return for which the advertiser makes a promise to pay, then (s)he is bound by this promise. The applicable case law would be: Carlill v The Carbolic Smoke Ball Co. Ltd (1893): The company advertised a patent medicine, the smoke ball, with the promise that if a purchaser used it correctly and still got flu, then the company would pay them £100. Mrs Carlill did get flu after using the smoke ball in the correct fashion.The court enforced her claim for the £100.The promise was an offer that could be accepted by anyone who used the smoke ball correctly and still got flu.
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latifah ameir
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i am very grateful for the help..... its my first time but i am already learning alot.....
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sanwaameir
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so your invited by them writting the amount of money there selling the item?
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PerSteffani
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Statement of price is not definitive of an offer, it merely gives information (Harvey v Facey). The key issue to distinguish an offer or ITT is the intention to be bound, ie, x tells y they want to sell them something they indicate an intention to be bound to sell that item thus it's an offer however if x advertised said item for sale it's an ITT as x does not want to be bound to supply more than they have, even if the ad states 'offered for sale'
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kaumba Sombo
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What some cases that resemble invitations to treat?
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Weirdo12
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(Original post by russream)
The Distinction Between An Offer And An Invitation To Treat Is Often Hard To Draw As It Depends On The Elusive Criterion Of Intention. But There Are Certain Stereotyped Situations That The Distinction Is Determined By Rules Of Law" Introduction An offer is made when a person shows a willingness to enter into a legally binding contract. An invitation to treat (I.T.T) is merely a supply of information to tempt a person into making an offer. However the distinction between the two can often be misleading and ultimately misinterpreted. When misinterpretations and complications occur then it is down to the courts to decide and to distinguish between the two terms, so a person is not led into a binding contract of which he does not want to be a part of, (Harvey V Facey [1893] A.C 552.) but is merely supplying information to which an offer is to be made. Offers and Invitations...

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An invitation to treat is an action inviting other parties to make an offer to form a contract. These actions may sometimes appear to be offers themselves, and the difference can sometimes be difficult to determine. The distinction is important because accepting an offer creates a binding contract while "accepting" an invitation to treat is actually making an offer.

Advertisements are usually invitations to treat, which allows sellers to refuse to sell products at prices mistakenly marked. Advertisements can also be considered offers in some specific cases. Auctions are sometimes invitations to treat which allows the seller to accept bids and choose which to accept. However, if the seller states that there is no reserve price or the reserve price has been met, the auction will be considered an offer accepted by the highest bidder.


hope this helps ! not much use i'm sure just bits and bobs i've acquired
hey what is tender?
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Deepak Sharma
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There are Fundamental Elements in a simple contract - Offer and Acceptance.
There must be a valid offer, which must be clear, complete and final.
The words must be intended as an offer, as distinct from an invitation to treat, which is a first step in negotiations, a prelude to a firm offer being made by one of the parties. An article put in a shop window, or on a shelf in a self-service store, and marked with a price, does not constitute an offer.
Example : Pharmaceutical Society of Great Britain v Boots Cash Chemists (Southern) Ltd. [1953]. All E.R. 482.
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wircer
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thank you for your help!
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Buzurg
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(Original post by Damn, I was going for thoughtful.)
p.s. love the plato and socrates cartoon
when Socrates was about to die at the movement some of his students were there . The student get to know that socrates is going away thay Starting talking with each other that how we will do the burial of burial
of their teacher , Socrates were in his last movement of his life when he herd the word the burial of burial of socrates he quickly got up in the severe Movements and said that '' I have told you several times that never misuse the words , i will never Die , and do manage the burial of burial of those who are going to kill me" what he had said is with out a shadow of doubt absolatelely right now people know Socrates and also do read his philosophy but people don't know the people who were the Involve in socrates murder ,
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Julius Micah
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What is an offer
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