2006-08-25 23:41:20 · 9 answers · asked by G.I noel 3 in Politics & Government ➔ Law & Ethics
An invitation to treat is an action inviting other parties to make an offer to form a contract. These actions may sometimes appear to be offers themselves, and the difference can sometimes be difficult to determine. The distinction is important because accepting an offer creates a binding contract while "accepting" an invitation to treat is actually making an offer.
Advertisements are usually invitations to treat, which allows sellers to refuse to sell products at prices mistakenly marked. Advertisements can also be considered offers in some specific cases. Auctions are sometimes invitations to treat which allows the seller to accept bids and choose which to accept. However, if the seller states that there is no reserve price or the reserve price has been met, the auction will be considered an offer accepted by the highest bidder.
2006-08-26 04:17:59 · answer #1 · answered by King of the Net 7 · 12⤊ 0⤋
An invitation to treat is when a client invites contractors to make him/her an offer. For example, when the client advertises a job on internet or newspaper, it is usually an invitation to treat rather than an offer. The offer only comes into existence after the client reviews the tenders handed in by the contractors and accept the offer.
An offer on the other hand is when the client offers the job to one contractor without advertising the job or having contractors to submit in the tender.
Making an invitation to treat, rather than an offer, protects the client from finding him/her self agreed into a contract he/she cannot fulfil. Instead the client can refuse the contractor’s offer for many different reasons.
This can be a very important protection for the client making the offer if the advertisement for the job offers at long distance: for example, through the internet or newspaper. Always ensure that any website, advertisement etc make it clear that it is only an invitation to treat, not an offer.
2014-08-21 09:23:57 · answer #2 · answered by Anonymous · 1⤊ 0⤋
The difference is deciding when the contract took place.
For example, Hyde v. Wrench. 1840.
'The defendant offered to sell his farm for £1000.00. The plaintiff made an offer of £950.00 which was refused. The plaintiff then wrote say8ing that he was prepared to pay £1000.00 and attempted to enforce the contract of sale at that price.. The court held that there was no longer and offer which he could accept.'
The plaintiff had made a 'tender' for the farm - and that is not legally binding.
Invitation to treat is usually regarded as 'goods on shelves' such as in a supermarket. The law would define that the 'contract' was made when the purchaser put the goods in to his/her basket. See Pharmaceutical Society of Great Britain V. Boots Cash Chemists (Southern) Ltd.
With 'invitation to treat' you also have the chance to make an 'offer' which means, interestingly enough that when you do your shop at Tesco's or wherever, you are legally entitled to bring your trolley to the check-out and say 'I'll offer you £50.00 for this trolley full of goodies!' The people in the queue behind you might not like it too much, though!
2006-08-26 00:04:07 · answer #3 · answered by Anonymous · 1⤊ 0⤋
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What is the diference between AN OFFER and INVITATION TO TREAT?
2015-08-07 01:11:11 · answer #4 · answered by Anonymous · 0⤊ 0⤋
An Offer is an expression made by offeror to offeree communicating the offeror’s willingness to perform a promise.
Can be in form of (writing, orally or byconduct)
Example:
Seller: I want to sell this pen to you for $2. Would you purchase it?
An invitation to treat is an invitation to commence negotiations. It is an invitation to make an offer.
Example: Advertisement
2006-08-25 23:50:15 · answer #5 · answered by Quah Hung Hwee 1 · 3⤊ 0⤋
Quah Hung and King...Internet are correct.
An offer is something that can be accepted to form an agreement.
The invitation says that you are willing to listen to someone else's offer.
2006-08-26 04:36:10 · answer #6 · answered by coragryph 7 · 0⤊ 0⤋
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You know the client's requirements and have had couple of discussions before you make an offer. An invitation is well before this stage where you are trying to create a rapport before pitching in.
2016-04-06 06:11:27 · answer #7 · answered by Anonymous · 0⤊ 0⤋
an offer=someone is willing to show/give u something.
INVITATION TO TREAT=u must convince if before u get something.
2006-08-25 23:49:00 · answer #8 · answered by Anonymous · 1⤊ 1⤋
An offer means you may join it ,, if you want ,,
But invitation means its especially for you ,,and giving you the honour ...
2006-08-26 00:05:38 · answer #9 · answered by Sara 2 · 1⤊ 4⤋