Invitation Vs Unilateral Offer

Summary

An invitation to treat invites offers, even with a specific price, allowing sellers to accept or reject offers. A unilateral offer includes a promise and becomes binding when the specified act is performed. Advertisements with prices are usually invitations to treat, not offers, as they invite buyers to make offers. This distinction maintains seller control over transactions.

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But how do you distinguish the two in, for example, and advertisement
Hey Alfie! Great question! Here's how you can distinguish them in an advertisement:
- Invitation to Treat: Most advertisements are invitations to treat. They invite potential buyers to make an offer. For example, a shop advertising a product at a certain price is inviting customers to come and make an offer to buy.
- Unilateral Offer: Some advertisements can be a unilateral offer, particularly if they promise something in return for a specific act. For example, "£* reward for the return of my lost dog" is a unilateral offer, as it promises a reward for performing the specific act of returning the dog.
Does that help clarify things?
Yes, thats great, thank you. Just so i know im getting this - a uni-lateral will include some form of promise, where as an invitation to treat will just show-off a product (etc.)
Exactly, Alfie! You've got it.
- Invitation to Treat: Showcases a product and invites offers (e.g., shop displays).
- Unilateral Offer: Includes a promise in exchange for a specific act (e.g., reward for returning a lost dog).
If you have more questions, feel free to ask!
So what happens if an advertisement displays a specific price for a product
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Hey Alfie! When an advertisement displays a specific price for a product, it is generally considered an invitation to treat. This means the seller is inviting customers to make an offer to purchase the product at the advertised price. The seller can accept or reject this offer. If you have more specific questions, feel free to ask!
So how is an invitation to treat that displays a specific price different to a uni-lateral offer
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Hey Alfie! Good question. An invitation to treat, even with a specific price, invites potential buyers to make an offer, which the seller can accept or reject. A unilateral offer, on the other hand, includes a promise and becomes binding when someone performs the specific act requested.
ok, but why isn't the specific price and product seen as an offer then?
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Hey Alfie! The specific price and product aren't seen as an offer because, in the context of an advertisement, it’s typically considered an invitation for potential buyers to make an offer. This allows the seller to control the acceptance process and ensures that all terms are agreed upon before a binding contract is formed.
Do you have any other questions about contract law?
So what makes specifically makes an invitation to treat not an offer, if it includes a specific price?
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Hey Alfie! An invitation to treat is not an offer, even if it includes a specific price, because it is not a definitive promise to sell. It invites customers to make offers, which the seller can then choose to accept or reject. This maintains the seller's control over the transaction and prevents binding commitments before all terms are agreed.
Would you like to know more about contract law or any other legal topic?
Ah ok, so when the consumer is to go and buy the product for the advertised amount, they are making an offer to pay that amount, they aren't 'accepting' that price
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You've got it, Alfie! When the consumer goes to buy the product for the advertised amount, they are making an offer to pay that amount. The seller then has the option to accept or reject this offer. If you have any more legal questions, feel free to ask!
Thank you, that makes much more sense now
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I'm glad I could help clarify things for you, Alfie! If you have any more questions about contract law or any other legal topics, feel free to ask.