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Chapter 2

What is not an offer?

If an individual has not made an offer there can be no binding contracts. There are a
number of items which have been held to not be an offer.

An invitation to treat

An invitation to treat is an invitation to someone else to make an offer to you.

Illustration 2 – The offer

Examples of invitations to treat:

 Most adverts (but remember Carlill mentioned earlier – an advert can be an
offer only if it makes it clear no further negotiations are required)

 Shop window displays

 Goods on shop shelves

 Company prospectus

 Circulation of a price list or displays on a website

 Tenders (a person asking for tenders is making an invitation to treat, the
person submitting the tender is making the offer).

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