Offer and Acceptance

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  • Created by: Anham
  • Created on: 04-05-13 12:59

Offer (1)

Intro/Define: The essay/problem/dilemma involves the law on Contract, in particular the Law of Invitations to Treat (ITT). When forming a contract, 4 essential elements are needed. They are: Offer,Acceptance,Consideration and Intention. It's necessary to draw a distinction between an offer which is a definate promise to be legally bound- and an ITT, which is merely an opening of negotiations- not capable of being accepted. 

1. Goods in shops/shelves : The concept of ITT's have been recognised by the judges in a variety of situations. One of the ways an ITT has been recognised is through goods on sheleves/shops. In this particular area the "Shopping Principles" apply. These are, display of goods in shops are ITT'S. The offer is made when the customer picks the item and it is scanned by the cashier. A case to illustrate this is the "Pharmaceutical Society of GB v Boots", here boots introduced a self-service store which allowed people to purchase drugs without a pharamacist present. This was an ITT therefore, boots were found not guilty. A furthur case to illustrate this is "Fisher v Bell" here the offer was to sell flick knives displayed in a shop window, however it was concluded that a flick knife amounted to an ITT and not an offer, and the defended was also found not guilty.

A02: This shows that the concept of ITT is as important as ever giving essential protection to those who sell goods. This is because it prevents the seller from entering into contracts which are deemed unlawful.Shops need to be able to sisplay their items without the threat of being prosecuted.

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