9084 · 3.1.2
Offer and acceptance
9084 Contract — invitation to treat, communication, revocation, and acceptance rules.
Need to know
What you need to know
- An offer shows a clear 'willingness to be bound' on stated terms.
- An invitation to treat (ITT) is an invitation to negotiate or to make an offer.
- Advertisements, displays of goods, auctions and tenders are generally presumed to be ITTs.
- The case of *Carlill v Carbolic Smoke Ball Co* provides an exception, showing an advertisement can be a unilateral offer to the world.
Explanation
Offer and acceptance
- An offer shows a clear 'willingness to be bound' on stated terms.
- An invitation to treat (ITT) is an invitation to negotiate or to make an offer.
- Advertisements, displays of goods, auctions and tenders are generally presumed to be ITTs.
- The case of *Carlill v Carbolic Smoke Ball Co* provides an exception, showing an advertisement can be a unilateral offer to the world.