Advertisement — invitation or offer?
Generally an invitation to treat, not a binding offer.
Legal ingredients for contract?
Agreement, intention, capacity, consideration.
Offer — final and definite?
Yes, it must be clear and binding upon acceptance.
Invitation to treat — examples?
Shop displays, catalogues, tender notices, auction notices.
Advertisements — exceptions?
When they contain clear, final terms or are unilateral offers.
Acceptance — must be?
Unqualified and matching the offer exactly.
Counter-offer — effect?
Terminates the original offer.
Unilateral offer — example?
Reward offers, where performance constitutes acceptance.
Auction notices — nature?
Invitation to bid, not an offer.
Revocation — timing?
Must be communicated before acceptance.
Test your knowledge with 5 questions on Understanding Advertisements and Contract Formation.
1. How do advertisements as invitations to treat differ from advertisements that are considered offers?
2. What does a legal offer in contract law primarily represent?
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