Gain Immediate access to our Essays
FREE access exchanged for your work, or pay £4.99
Words: | Submitted: Wed Oct 05 2005
... formed, it is necessary to conduct the traditional analysis of offer and acceptance. * Was Xavier's written statement, e.g. letter to YY to be an offer or an invitation to treat [Gibson v. Manchester City Council (1979) and Storer v. Manchester City Council (1974)] or a preliminary statement as to price [Clifton v. Palumbo (1944)] or request information [Harvey v. Facey (1893)]? * Firstly, "invitation to treat", where it is a statement of willingness to contract on certain terms if the other party offers to deal on those terms - an invitation to others asking them to make offers. * Secondly, offer is defined as "an expression of willingness to contract on certain terms, made with the intention that a binding contract will exist once the offer is accepted." [The Common Law of Obligations, 3rd Edition, Cooke & Oughton, Butterworths 2000, p.28] * Thirdly, a request of information is not an ...
FREE access exchanged for your work, or pay £4.99