Karteikarten: Understanding Advertisements and Contract Formation — 10 Karten

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.