Saturday, May 23, 2015
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Invitation To Treat: Case Law

Case Law

For an offer to be capable of becoming binding on acceptance, the offer must be definite, clear, and final. If it is a mere preliminary move into negotiation which may lead to a contract, it is not an offer but an invitation to treat. The offerer must have been initiating negotiations from which an agreement may or may not in time result. The important point to note is that, since an invitation to treat is not an offer, but rather a phenomenal preliminary to an offer, an invitation to treat is not capable of an acceptance which will result in a contract.

Other Relevant or Related Items

  • Andrew Burrows, Casebook on Contract Hart Publishing, 2007 Ed.

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Sub-Topics for Invitation to treat
  1. Invitation to treat (overview)
  2. Case Law