Is that Offer?

Essay by kittykathyMiddle School, 6th gradeF, February 2005

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In this case, it concerns a valid contract an offer. There are seven essential elements in a binding legal contract. They are:

(1)offer and acceptance

(2)Intention to create legal relations




(6)Privity of Contract

(7)Genuine Consent of the parties

Then it is important to decide whether a statement is an offer or an invitation to treat, because if the statement is an offer and the offer is accepted a contract may result. If the statement is an invitation to treat, it cannot be accepted; it is merely an invitation to make an offer.

An offer expresses a party willingness to enter into legal relations with another party on certain terms.

(a)The offer must be communicated to the offeree in orally or in writing

(b)Offeror will be bound if the offer is accepted by offeree

(c)Offer to the whole world and offer to a specific group

Invitation to treat:

(a)No legal consequence if accepted

(b)Display of goods on shelves

Case: Pharmaceutical Society of Great Britain v Boots Cash Chemists (Southern) Ltd (1953)

(c)Advertisement usually not offers unless clear intention

Case: Carlill v Carbolic Smoke Ball Company (1893)

(d)Tender notice request for tenders


(f)Supply of information Case: Harvey v Facey (1893)

In this case, Keith advertisement offering to pay a reward for certain information for his lost puppy will generally constitute an offer.

Case: Carlill v Carbolic Smoke Ball Company (1893)

Since Lara found his puppy without seeing the notice, she always has intention tried to return the puppy to him and take care with his dog to the vet for it's treatment and five days feeding.

But finally, when she discover the advertisement in front of Keith's house, that mean Lara has communicated before she accepted when she takes the dog for him.

In this moment,