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distinguish between an offer (proposal) and an invitation to treat

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1.0 Introduction Contract--This term, in its more extensive sense, includes every description of agreement, or obligation, whereby one party becomes bound to another to pay a sum of money, or to do or omit to do a certain act; or, a contract is an act which contains a perfect obligation. In its more confined sense, it is an agreement between two or more persons, concerning something to be, done, whereby both parties are hound to each other, or one is bound to the other. After learning the law of contract, we know more about the basic principles of the law governing contracts and use it to solve problems. This assignment includes the explanations of two questions: Question 1: In this passage, I describe the differences between offer …show more content…

Mrs Carlill saw the advertisement, bought one of the balls and used it in accordance with the instructions. l She contracted the flu She claimed £100 from the Carbolic Smoke Ball Company. Mrs Carlill brought a claim to court. She contended that the advertisement and her reliance on it was a contract between her and the company, and so they ought to pay. The company argued it was not a serious contract. The Court of Appeal rejected the company's arguments and held that there was a fully binding contract for £100 with Mrs Carlill.  Offer may be express or implied: An offer may be made either by words or by conduct. When an offer is made by words, written or spoken, it is called an express offer. When the intention to make an offer is gathered from the conduct of the person, it is called an implied offer.  Offer must contemplate of giving rise to legal consequences If the offer does not intend to give rise to legal consequences, it is not a valid offer in the eyes of law. An offer made jocularly or in jest is not a valid offer. It must be the intention of the person making the offer that if the offer is accepted, it should give rise to a binding contract between them.  Offer may be general or specific: An offer is said to be general when it is made to an unascertained body of individuals. It is made to the public at large and anyone may accept the same. A specific offer is made to a definite person

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