Business Contract Agreement and Possible Negligence Assignment

Business Contract Agreement and Possible Negligence - Assignment Example An offer is a declaration of the expressions on which the offeror wishes to adhere to (Deakin et al, 2003). Expression of offers comes in distinct forms and can be in the form of an advertisement, email, conduct and a letter, only if it communicates the grounds on which the offeror intends to contract. However, an offer should be differentiated from an invitation to treat. Invitation to treat is an â€Å"expression of willingness to negotiate†. This is an invitation for customers to present their offer. However, an offeror making an invitation to treat is not obligated as soon as it is accepted by the offered individual. In this case, the advertisement by Techno products was an invitation to treat and not an offer. This implies that the company invited customers to contract. This implies that the company is not bound to sell the computers to anyone willing to pay for them. This is seen in Partridge v Crittenden (1968), where the court determined that the appellant only intende d to offer to sell the birds and was not an offer (Young, 2010). However, an advertisement can be an offer in certain circumstances. In this case, the advertisement by Techno products to sell the computers at ?1 to the first ten customers on 12th September 2013 was an offer. In this case, the actions of Peter portrayed acceptance of the offer. This case is similar to Carlill v Carbolic Smoke Ball Company (1893). In this case, the company offered a reward to anyone who contracted influenza as a result of using the smoke ball for three times. The court determined that any individual who makes an offer for the sale of items through an advertisement impliedly brandishes notification of acceptance if the primary objective is to sell as many items as possible (Young, 2010). In this case, Techno products chief aim for carrying out the advertisement was to increase its sales after it had seen that its profits were on the decline.