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Business Law - Year 1 Assignment

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Business Law – Assignment 2Advise Chris with regard to the law relating to offer and acceptance.

In order to advise Chris it is necessary to consider the law relating to offer and acceptance.
Chris placed the following advertisement in the ‘Antiques Monthly’ magazine on Monday; “Rare 18th Century Long case clock by Ticker for sale £15,000 or nearest offer”.Within contract law relating to offer and acceptance we need to assess whether this advertisement is an offer or simply an invitation to treat.An offer must not be vague and must be capable of acceptance as in the case of Guthing V Lynn (1831) 2B AD 232, in this court case the buyer of a horse made a promise to the seller that he would pay an additional £5 “if the horse is lucky for me” the court saw that this offer was too vague and therefore it was not enforceable, (Treitel 1999:8) defines an offer as “an expression of willingness to contract on certain terms, made with the intention that it shall become binding as soon as it is accepted by the person to whom it is addressed".An invitation to treat shows that a person is willing to negotiate a contract, however the contract is not capable of immediate acceptance, as is in the case of Harvey V Facey (1893) AC 552 Where the seller indicated that they would be willing to sell a good at a price, this is similar to Chris’ situation, the outcome of the case was that it was seen as an invitation to treat rather than an offer, because if a contract is not accepted the buyers have no right to own the good as (Davison 2004:374) states “Without acceptance no contract exists, therefore, buyers have no rights to the goods, etc. they want to purchase.” This is also evident in the case of Partridge V Critenden (1968) 1 WLR 1204 where the advertisement “Bramble finch cocks and hens 25 shillings each” was classed as an invitation to treat, the court ruled that the offers

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