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What is the relevance in international private law when 2 buyers who are consumers reacted upon an annooncment in a paper for a unique product?!?

2006-06-11 06:08:05 · 2 answers · asked by biljana_pesevska 1 in Politics & Government Law & Ethics

2 answers

A contract requires an offer and acceptance of that offer, plus consideration (legal benefit/detriment, bargained-for-exchange).

If someone makes an offer, with definite and certain terms (including each party's required consideration), then the recipient of that offer can form a binding contract by just saying "I accept".

However, an invitation to make an offer is nothing more than a proposed set of terms. Someone cannot "accept" an invitation and turn that into a binding contract. Instead, accepting the invitation means making an actual "offer", which the other party can now "accept". It adds a step, and allows the person extending the invitation/proposal a chance to refuse to form a contract, by rejecting the invited offer.

2006-06-11 13:16:35 · answer #1 · answered by coragryph 7 · 1 0

I think you meant invitation, the difference is this:

If a shop keeper "invites to offer" this means he or she has probably priced something and left it in a shop window. Actually offering requires the shop keeper to begin the transaction of selling the product.

This confusing wording was redefined in R v Young where a shop keeper "invited to offer" a Pen Knife in a shop window, the judge ruled because the defendant only invited someone to make an offer, he did not violate a law governing the sales of offensive weapons.

2006-06-11 14:26:03 · answer #2 · answered by oxstu123 1 · 0 0

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