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Words: | Submitted: Mon Jun 19 2006
... elicit negotiations... An offer is distinguished from an invitation to treat, "which is an invitation to others to make offers". One definition of an offer is, "An offer is an expression of a willingness to contract on certain terms made with the intention that a binding agreement will exist once the offer is accepted". In respect of this definition it is unlikely the advertisement will be construed as an offer. It is reasonable to assume the advertisement was an invitation to treat. An acceptance of an invitation to treat does not form a contract. E.g. Harvey v Facey [1893] AC 552. Therefore Plant Services LTD response to the advertisement cannot be an acceptance and was merely part of the negotiations. On the 1st October Beef Disposals LTD sends a letter to Plant Services LTD containing an agreement & fixing the price, it also stipulated it should be signed & returned ...
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