A Offer or something else?

[markhuges]

1)Is there an offer and acceptance resulting in a contract, can someone give me a direction.
2) Or is this a Invitation of Treat?
3) Is this a Unilateral offer, since it is open to all?

At his workplace John Sees an advert in the paper, offering a used 2nd hand Phone for sale at £100.
John says to his friend, this is an amazing deal. He then goes and takes out £100 from his bank and on his way home, after work, goes to visits the seller.
At the address stated in the advertisement. The person selling the phone (seller) opens his door, and sees John who says, ‘thanks, here’s your £100, I’ll take the Phone’.

Thank you

[MissFM]

Re: A Offer or something else?

Hi Markhughes and welcome to LB!

Why would it be in $ and not £s? (Not that it matters) :tinysmile_twink_t2:

[markhuges]

Re: A Offer or something else?

Hi Markhughes and welcome to LB!

Why would it be in $ and not £s? (Not that it matters) :tinysmile_twink_t2:

Haha :P Happy :P Thanks

[MissFM]

Re: A Offer or something else?

Haha :P Happy :P Thanks

Someone with a sensible answer to your question will no doubt be along soon

[wales01man]

Re: A Offer or something else?

Can someone explain what this is about?

[des8]

Re: A Offer or something else?

Like Wales, I don't understand what is behind this question.

On the face of it an advert posted in a paper is an invitation to treat.
The invitation to treat is accepted when the offer of £/$100 is made.
Whether a contract is formed or not depends on whether or not the offer is accepted by the seller.

[wales01man]

Re: A Offer or something else?

Just cos John offers 100 doesn't means the seller has to sell must be correct

[MIKE770]

Re: A Offer or something else?

as with a shop, an offer on the price tag, but they do not have to sale it to you!

[labman]

Re: A Offer or something else?

Is this a fictional case or a real one?

If real, is it a private sale from a newspaper ad, or a business sale for a second hand phone from a small business possibly selling from their home?

[charitynjw]

Re: A Offer or something else?

If the seller accepts the money, there is an offer (the phone), an acceptance of that offer, & consideration for value. (£100)
All the elements required for a contract of sale.

Up until that acceptance, it would probably be an invitation to enter negotiations; if it were otherwise, the seller would be obliged to sell a phone to anyone else who responded to the advertisement. (Partridge v Crittenden 1968)

[enquirer]

Re: A Offer or something else?

At his workplace John Sees an advert in the paper, offering a used 2nd hand Phone for sale at £100.

This is an invitation to treat. As it has been 'published to the world', it is a universal invitation.

The person selling the phone (seller) opens his door, and sees John who says, ‘thanks, here’s your £100, I’ll take the Phone’.

This is the offer. No acceptance indicated and therefore no contract at this point.

[wales01man]

Re: A Offer or something else?

If the seller accepts the money, there is an offer (the phone), an acceptance of that offer, & consideration for value. (£100)
All the elements required for a contract of sale.

Up until that acceptance, it would probably be an invitation to enter negotiations; if it were otherwise, the seller would be obliged to sell a phone to anyone else who responded to the advertisement. (Partridge v Crittenden 1968)

So a contract is formed with the phone call?

[markhuges]

Re: A Offer or something else?

If the seller accepts the money, there is an offer (the phone), an acceptance of that offer, & consideration for value. (£100)
All the elements required for a contract of sale.

Up until that acceptance, it would probably be an invitation to enter negotiations; if it were otherwise, the seller would be obliged to sell a phone to anyone else who responded to the advertisement. (Partridge v Crittenden 1968)

Hello, Thank you very much for that, I fully understand now

This is an invitation to treat. As it has been 'published to the world', it is a universal invitation.


This is the offer. No acceptance indicated and therefore no contract at this point.

Thanks everyone i get it now

[charitynjw]

Re: A Offer or something else?

So a contract is formed with the phone call?

AFAIK, Wales, yes it can be; it could be a verbal contract.

The problem, however, is proving it.

Recording calls is permissible for the purposes of establishing a fact.

Businesses have to abide by the Telecommunications (Lawful Business Practice) (Interception of Communications) Regulations 2000.
This supplements RIPA 2000.