Invitation to Treat

Question 1

Pharmaceutical Society v Boots (1953)

Answer 1

a display of goods is an invitation to treat.

Question 2

Fisher v Bell (1961)

Answer 2

a display of goods is an invitation to treat

Question 3

Thornton v Shoe Lane Parking (1971)

Answer 3

where the display/offer is made by a machine,
the display is probably an offer.

Question 4

Chapelton v Barry (1940)

Answer 4

display of deck chairs on the beach was held to be an offer
(exceptional case).

Question 5

Partridge v Crittenden (1968)

Answer 5

an advertisement is an invitation to treat where a bilateral
contract is anticipated.

Question 6

Carlill v Carbolic Smoke Ball Company (1893)

Answer 6

an advertisement may be an offer where
a unilateral contract is anticipated.

Question 7

Harvela Investments Ltd v Royal Trust Co of Canada Ltd (1985)

Answer 7

a request for tenders
is an invitation to treat. The tender is the offer. However, where the request for tenders
states that it will accept the highest bid, there is an offer of a unilateral contract to sell to
the highest bidder. In other words the highest bid must be accepted.

Question 8

Blackpool and Fylde Aero Club Ltd v Blackpool Borough Council (1990)

Answer 8

a tender may
contain an implied undertaking to consider all conforming tenders (“tenders are to be
received no later than 12.00pm on 12.05.1990”). In such cases there is a unilateral offer
to ‘consider’ all conforming contracts but not to accept them.

Question 9

Harris v Nickerson (1973)

Answer 9

the advertisement of an auction sale is an invitation to treat.

Question 10

Warlow v Harrison (1859)

Answer 10

where the auction is without reserve there is a separate
collateral contract that the auctioneer will accept the highest bid.