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Hi. If there is an invitation to treat in an advert for example where the party asks anyone to call now for them to do something and both the customer and the person putting out the advert accept is there a contract formed?
If both parties agree clearly to each other can the person putting out the advert revoke the invitation to treat?
Any help would be greatly appreciated. Thank you.
If both parties agree clearly to each other can the person putting out the advert revoke the invitation to treat?
Any help would be greatly appreciated. Thank you.
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#2
The ITT goes out first, the person responding makes an offer, and the advertiser accepts it. At that point it becomes a contract (iflr and good consideration notwithstanding).
The advertiser doesn't need to revoke the ITT because he/she need only refuse the offer. The person who can revoke is the offeror.
If stick an ad on the noticeboard saying "I will help you with your obligations homework - text me and we'll make a deal" - that's an ITT.
You text me saying "£5 per question". That's your offer. There's no acceptance yet, so I don't need to revoke the ITT - I can just refuse your offer.
If I say "It's a deal" then the contract is formed and the £5 is the consideration. You could revoke your offer at any time until I communicate acceptance.
The advertiser doesn't need to revoke the ITT because he/she need only refuse the offer. The person who can revoke is the offeror.
If stick an ad on the noticeboard saying "I will help you with your obligations homework - text me and we'll make a deal" - that's an ITT.
You text me saying "£5 per question". That's your offer. There's no acceptance yet, so I don't need to revoke the ITT - I can just refuse your offer.
If I say "It's a deal" then the contract is formed and the £5 is the consideration. You could revoke your offer at any time until I communicate acceptance.
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(Original post by Trinculo)
The ITT goes out first, the person responding makes an offer, and the advertiser accepts it. At that point it becomes a contract (iflr and good consideration notwithstanding).
The advertiser doesn't need to revoke the ITT because he/she need only refuse the offer. The person who can revoke is the offeror.
If stick an ad on the noticeboard saying "I will help you with your obligations homework - text me and we'll make a deal" - that's an ITT.
You text me saying "£5 per question". That's your offer. There's no acceptance yet, so I don't need to revoke the ITT - I can just refuse your offer.
If I say "It's a deal" then the contract is formed and the £5 is the consideration. You could revoke your offer at any time until I communicate acceptance.
The ITT goes out first, the person responding makes an offer, and the advertiser accepts it. At that point it becomes a contract (iflr and good consideration notwithstanding).
The advertiser doesn't need to revoke the ITT because he/she need only refuse the offer. The person who can revoke is the offeror.
If stick an ad on the noticeboard saying "I will help you with your obligations homework - text me and we'll make a deal" - that's an ITT.
You text me saying "£5 per question". That's your offer. There's no acceptance yet, so I don't need to revoke the ITT - I can just refuse your offer.
If I say "It's a deal" then the contract is formed and the £5 is the consideration. You could revoke your offer at any time until I communicate acceptance.
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#4
(Original post by Onik1092)
Thank you for your reply. Also I just wanted to ask if the advertiser accepts the offer by the customer will he be obliged to carry out what he promised in the advert? If he accepts and then a few weeks later says he can't do it, can he?
Thank you for your reply. Also I just wanted to ask if the advertiser accepts the offer by the customer will he be obliged to carry out what he promised in the advert? If he accepts and then a few weeks later says he can't do it, can he?
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