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Difference between an offer and an invitation to treat with cases

   

Added on  2023-01-07

12 Pages3683 Words78 Views
LAW FOR BUSINESS
Difference between an offer and an invitation to treat with cases_1
Table of Contents
INTRODUCTION...........................................................................................................................3
MAIN BODY...................................................................................................................................3
PART 1............................................................................................................................................3
Difference between an offer and an invitation to treat with cases .............................................3
PART 2............................................................................................................................................5
As per law of business provide an advice to Claire and Ric with two suitable mediums. Also
give advantage and disadvantages of it.......................................................................................5
PART 3............................................................................................................................................8
Advise Josephine over implication of such working conditions for her employee as per health
and safety legislation...................................................................................................................8
CONCLUSION..............................................................................................................................10
REFRENCES.................................................................................................................................11
Difference between an offer and an invitation to treat with cases_2
INTRODUCTION
Law are considered to be that kind of rules and regulations which are being formed in
order to maintain discipline and order within an country. They deal with various aspects of
society. Business is considered to be that kind of activities which is focused over maintaining of
relationship between two parties. To deal with business related activities majorly corporate and
contract laws are used. Scope of both the laws are wider in a sense that they deal with business
related aspects. Nature is dynamic because they help in accomplishing of task in easier and better
manner. Further this file is based over contract law. Things to be covered in this file is that it is
divided into three parts first part contains question to be answered. Second and third part
contains case scenarios questions are to be answered regarding it.
MAIN BODY
PART 1
Difference between an offer and an invitation to treat with cases
Contract laws are those kind of laws which helps in forming of agreement that helps in
maintaining of relationship between two parties or organization. In order to provide legality to an
contract various elements are needed to be present within it and they are offer, acceptance, valid
consideration and legal status. Offer means when an party makes an offer to another party,
acceptance is another party accepting the offer, valid consideration is related to basic needs of
contract like purpose of formation, payment and objectives to be achieved within it. Legal status
means its validity within these type of law (Hollowayand et. al., 2017). Invitation to treat is that
kind declaration which is dependent over the willingness of entering into negotiations and cannot
be accepted over binding contract. In other words the treat is mealy an announcement to another
person that is prepared before entering into contract over certain things with services. In order to
understand in more clear manner cases in relevance to this is explained. Relevant cases to this is
explained as follows
Pharmaceutical society of great Britain V Boots this case Boots introduced the then
new self service system into their shops under which customers is to pick goods by themselves
from the shelf and put them in the basket. Till the time cash has been paid by them. An action
was brought by Pharmaceutical Society of Grate Britain for determining of legality of system in
regarding of sale of pharmaceutical products that is required by law to be sold in the presence of
Difference between an offer and an invitation to treat with cases_3
pharmacist. In this the court is required to be identified over determining that has the contract
come into existence. Court held that goods on the shelf constitute over an invitation to treat not
an offer. Also customer takes goods till the time offer to purchase is made. Also shop assistant
chooses over accepting offer. It was found by the court that contract is therefore concluded till
presence of pharmacist.
Another case law is Carlill v Cabolic Ball Co this case was in the court of appeal. In this
case it was held that newspaper advert placed by defendant and stated that hundred euro reward
has to be paid by Carbolic Smoke Ball company to any person whose contract is influenced after
the ball is being used for daily two weeks according to directions printed over the supply with
each ball. Then thousand euro has been deposited with the Alliance bank, shewing with sincerity
in the matter. Mrs Carill purchase some smoke balls and has been using them accordingly over
the direction and caught flu. She sought to claim stated hundred euro reward (Handrlica,
2019).The arguments raised by defendant in the following arguments over demonstration of
advertisement and is considered with an invention to treat rather an offer to be made.
In this advert is being related over sale puff and lack of intent has to be offered. This
cannot be made possible over offer to world. Then there was no notification regarding
acceptance. Wording is also wider in order to make constituting an offer that has been made and
has been stating limitation of time for catching flu. As per this no consideration is required to be
provided that has been making offer with specification over the user of balls that is being
purchased by them. As per this it has been held over appeal that has been made by Mrs Carill.
This is entitled over rewarding of advert which has been constituting and offer is being
made over unilateral contract that has been formed. It is said that she has been accepting through
performing over conditions that is being mentioned under the condition that has been stated
within the offer. The court rejected all arguments that has been put forward by the defendant.
Statement that is being refereed over making deposition of one thousand euro possible
that has been demonstrating that there is no sales puff.
This makes over making of offer to the world.
As per the unilateral contract it is not required to make offer communication with the
intention that has been accepting in full performance. Accepting of performance
undertakes such contracts.
Difference between an offer and an invitation to treat with cases_4

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