Invitation to treat

Not an Offer

Invitations to treat are not offers – they are inviting offers which can be accepted or rejected

Why?

l  To avoid problem of limited stocks

l  To allow businesses to refuse to sell

l  To allow auctions to take place

l  To allow negotiations over price

Examples of invitations to treat

l  Shop windows (Fisher v Bell 1961)

l  Self service shops (Pharmaceutical Society v Boots 1952)

l  Adverts in papers (Partridge v Crittenden 1968)

l  Auctions (Payne v Cave 1789)

l  Statements of price (Gibson v Manchester County Council 1979)

l  Invitation to tender ( Blackpool Aero Club v Blackpool Borough Council 1990)

Situations which are not invitations to treat

l  Offer can be made to the whole world – (Carlil v Carbolic Smoke Ball Company…