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星期日Peter saw a notice on the roadside寫住a restaurant for sale,$2百萬
這是invitation to treat
An invitation to treat is not an offer, but an indication of a person's willingness to negotiate a contract. In Harvey v Facey, an indication by the owner of property that he or she might be interested in selling at a certain price, for example, has been regarded as an invitation to treat (ITT). Similarly in Gibson v Manchester City Council the words "may be prepared to sell" were held to be a notification of price and therefore not a distinct offer. The courts have tended to take a consistent approach to the identification of invitations to treat, as compared with offer and acceptance, in common transactions. The display of goods for sale, whether in a shop window or on the shelves of a self-service store, is ordinarily treated as an invitation to treat (Fisher v. Bell) and not an offer. The holding of a public auction will also usually be regarded as an invitation to treat.
Peter approached John-業主, he said the sign was wrong and price was $3百萬.
這個是offer
An offer is an expression of willingness to contract on certain terms, made with the intention that it shall become binding as soon as it is accepted by the person to whom it is addressed, the "offeree" [G.H. Treitel, The Law of Contract, 10th edn, p.8].
An offeror may revoke an offer before it has been accepted, but the revocation must be communicated to the offeree, although not necessarily by the offeror. If the offer was made to the entire world, such as in Carlill's case, the revocation must take a form that is similar to the offer. However, an offer may not be revoked if it has been encapsulated in an option (see also option contract).
Peter said that he might pay $2.5百萬,it will take time for him to consider and he left.
counter offer
If the offer is one that leads to a unilateral contract, then unless there was an ancillary contract entered into that guaranteed that the main contract would not be withdrawn, the contract may be revoked at any time: see Mobil Oil Australia Ltd v. Wellcome International Pty Ltd (1998) 81 FCR 475..
星期一John sold the resstaurant to Carol.同一日Peter posted a letter to John indicating his acceptance of the resturant for hk$3百萬and asked John to send him the contract of sale.
這合約不存在
因為佢已經counter offer
佢send 話用hk$3百萬是offer
不是acceptance