Offer or invitation to treat

2007-04-03 1:41 am

A loses wallet on Mon. He places adv. in a newspaper to published on Wed. "Lost black wallet with name card inside. Reward $1,000. A"
Tue, B picks up a wallet and be reading the name card realizes it belongs to A. B returns it to A. A thanks B but does not give him any reward.
Wed, B sees the adv.
1. Adv. placed in the newspaper is an offer or invitation to treat? Discuss with the help of cases.
2. Can B claim the reward?

更新1:

Please explain.

更新2:

If B pick up the wallet after reading the advertisement and A tells B that the true reward amount is $1000, can B claim the reward $10000? Does A break the contract?any legal action can B take?

回答 (2)

kwan

2007-04-03 1:46 am

✔ 最佳答案

offer
An offer is an expression but one person of a group of persons, made to another, of a willingness to be bound to contract with other person or persons, on terms which are either certain or capable of being made certain.

Invitations to treat
It may not always be clear whether something is a definite offer. egotiations, which may comprise simple requests for infromation, often precede the making of a contract. Others may amount to invitations to the recipient to make an offer, which are called 'Invitations to treat'

因此，1. 是Invitations to treat
2. can

2007-04-03 17:56:22 補充：
If B pick up the wallet after reading the advertisement and A tells B that the true reward amount is $1000, can B claim the reward $10000? Does A break the contract?any legal action can B take? no因為佢未看到前，已經看到the wallet加上pass consideration is not a good consideration.

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[匿名]

2008-02-09 11:40 pm

1.係OFFER至ARM,因為A CLAIM左會比REWARD,佢有INTENTION去GIVE1個PROMISE,而且呢個係UNILATERAL既CONTRACT,唔洗兩個人同意,單一方面已經成立左CONTRACT
2.冇得CLAIM,因為佢冇RECEIVE到個OFFER既COMMUNICATION,唔係PAST CONSIDERATION........如果呢個人係一早見個ADV又搵到,佢係可以CLAIM的

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