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Words: | Submitted: Fri Aug 26 2005
... treat is not an offer. It is merely an invitation to others to make offers. It follows that an invitation to treat cannot be accepted in such a way as to form a contract and equally the person extending the invitation is not bound to accept any offers made to them. The usual definition of an offer is a promise, capable of acceptance, to be bound on particular terms. The first consequence to note from this definition is that the promise to be accepted must not be too vague. The classic case on this point is Scammel v Ouston (1941), in which the court was unable to decide on the precise nature of the offer that was supposed to have been accepted by the plaintiff The issue raised by this question is whether or not the parties intended to be legally bound by their agreement. The law of contract requires that, ...
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