... after there has been communication of an offer from one party and an acceptance of that offer from the other party. The communication of offers or acceptance can be expressed in writing, verbally or by the conduct of either party. Young has described an offer as "a proposition put by one person to another person made with the intention that it shall become legally binding as soon as it is accepted by the other person." (1997, pg 5)2. As in the case of Carlill v Carbolic Smoke Ball Co. (1893), it was held that the advertisement placed by the Carbolic Smoke Ball Company, constituted an offer and not an invitation to treat which the defendants argued, as it was a promise, which by enactment of its terms, would constitute an acceptance, thereby forming a binding contract. It should be made clear that an invitation to treat is merely an expression ...

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