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Invitation to Treat

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Submitted By ronoray
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RAYMOND KIPCHIRCHIR RONO
BUSINESS LAW

INVITATION TO TREAT
Definition: An invitation to treat is a tool to get negotiations going and show the terms which one party may be willing to accept. It is a mere declaration of willingness to enter into negotiations, not like an offer as it has to be accepted so as to form a binding contract (a pre-offer communication).

Situations that can be categorised as invitation to treat: * Display of items - A mere display and qutation of a price does not constitute an offer, it is an invitation to treat. Offer and acceptance takes palce at the cashier when a customer offers to buy and a cashier accepts the offer.

* Advertisements – advertisements are invitations to treat, so the person advertising is not compelled to sell to every customer.

* Auctions - The holding of a public auction will also be regarded as an invitation to treat. Auctions are, however, a special case generally. The rule is that the bidder is making an offer to buy and the auctioneer accepts this in whatever manner is customary, usually the fall of the hammer. A bidder may withdraw his or her bid at any time before the fall of the hammer. The placing of goods in the auction is an invitation to treat.

* Tenders – An advertisement for a tender is an invitation to treat. A tender for specific goods or services is an offer and when the person requesting the tender accepts, it is a biding acceptance.

If the tender for a request is not specific but requests a price for the supply of goods over a period of time to be delivered as and when ordered then the tender is known as a standing offer and the initial acceptance of the tender is not a legally binding one. The legally biding acceptance is not made until the first order. The supplier is then obliged to honour the obligations under the contract and supply the goods under the terms of

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