ACCA F4《公司法与商法》知识点讲解(6)

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ACCA F4《公司法与商法》知识点讲解(6)

Definition

1.1 An expression of willingness to be bound on specific terms.

1.2 Must be certain.

1.3 Only the person or a member of the class to whom the offer has

been made can accept it.

1.4 The offer must be open for acceptance at the time that acceptance

is purported to occur.

Invitations to treat

1.5 Offers must be distinguished from invitations to treat.

(a) This is inviting someone to make an offer or commence

negotiations.

(b) It cannot be accepted.

(c) Examples of invitations to treat:

(i) items displayed on shelves: Pharmaceutical Society of G.B. v Boots

Cash Chemists.

(ii) items in shop windows: Fisher v Bell.

(iii) usually adverts in newspapers: Partridge v Crittenden.

Note however offers made to the whole world: Carlill v Carbolic Smoke

Ball Co.

(iv) auction notices.

(v) prospectuses.

(vi) mail order catalogues