The Right to Purchase Chantelles Books - Essay Example

Advertisements announcing the sale of items are mere invitations to treat and not offers. In Partridge v Crittenden, the defendant was found not guilty of violating the prohibition of offering the sale of wildlife birds despite advertising the following: “Quality British A.B.C.R … Bramblefinch cocks, Bramblefinch hens 25 s”, since it was not deemed an “offer to sell” but an invitation to treat. A similar holding was made in Harris where the plaintiff lost his claims for loss of time and expense despite the withdrawal of the advertised furniture from the sale.
An exception is the Carlill case where an advertisement sufficiently constituted an offer to sell because it was a unilateral offer to sell to the world, which can be accepted by satisfying the condition required. Also, the purchase of the product was enough consideration and the intent to be legally bound was proven by the deposit of £1000 to the Bank.
Thus, Chantelle’s advertisement is just an invitation to treat.
Ben’s offer is only constituted the moment he wrote to Chantelle but such an offer is subject to acceptance, which did not happen. Felthouse v Bindley held that acceptance must be communicated to the offeror. The lack of valid acceptance here militates against the forming of a valid contract. Read More