Discuss About Offer and Acceptance in Contract Law:
Currently, majority of people do not know much about contract law. Actually, we are signing contracts everyday. For example: Buying candies in a shop. There are two types of contract (written and verbal agreement). A contract is made by orally, by conduct and in writing. It also consists of an agreement, consideration and legally binding. There are eight elements of contract law, namely offer, acceptance, consideration, capacity, legal relations, legality and agreement. In this essay, I am going discuss the offer and acceptance particularly.
Offer
In addition, an offer is when an offeror(the person who makes the offers) proposes a set of terms to an offeree(the person who accepts the offer). However, people might be in doubt about the difference between “offer” and “invitation to treat”. Invitation to treat is an invitation to make an offer. It is not an offer. This case “Fisher v Bell” shows us how to recognize an invitation to treat and an offer. It was about the defendant Bell was accused of offering a sale for a dangerous weapon. He had displayed a flick knife in his shop window and sold it for 4shillings. However, the judge said he was not guilty as he did not sell it to anyone and the display was only an invitation to treat. A display of products in shops is only inviting consumers to make an offer. Here is another good example. The case “Pharmaceutical Society of Great Britain v Boots Cash Chemists Ltd (1953)” was about Boots (the defendant) was sued of selling drugs without a pharmacist present in the supermarket. However, a pharmacist was near the till. Therefore, it depends on where the contract was made. If the contract was made near the till, the defendants would not have been guilty. On the other hand, if the contract was made where the drugs was displayed, the defendant would have been guilty. Consequently, the defendant was not guilty as the display of goods on supermarket shelves is only an invitation to treat. A customer makes an offer to buy
Offer
In addition, an offer is when an offeror(the person who makes the offers) proposes a set of terms to an offeree(the person who accepts the offer). However, people might be in doubt about the difference between “offer” and “invitation to treat”. Invitation to treat is an invitation to make an offer. It is not an offer. This case “Fisher v Bell” shows us how to recognize an invitation to treat and an offer. It was about the defendant Bell was accused of offering a sale for a dangerous weapon. He had displayed a flick knife in his shop window and sold it for 4shillings. However, the judge said he was not guilty as he did not sell it to anyone and the display was only an invitation to treat. A display of products in shops is only inviting consumers to make an offer. Here is another good example. The case “Pharmaceutical Society of Great Britain v Boots Cash Chemists Ltd (1953)” was about Boots (the defendant) was sued of selling drugs without a pharmacist present in the supermarket. However, a pharmacist was near the till. Therefore, it depends on where the contract was made. If the contract was made near the till, the defendants would not have been guilty. On the other hand, if the contract was made where the drugs was displayed, the defendant would have been guilty. Consequently, the defendant was not guilty as the display of goods on supermarket shelves is only an invitation to treat. A customer makes an offer to buy