Invitation to Treat Essay Sample

Invitation to Treat Pages
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The advertisement offered by the company is an invitation to treat. Invitation to treat is a preliminary communication between the parties at the stage of negotiation. It is an attempt to induce a proposal or offer. This advertisement of the company is an invitation to treat because this advertisement is inviting other parties to form a contract with the company. However, the company have the rights to choose who to accept and not just accept the only one who come for interview. Once both the parties agree, they will need to form a contract. Therefore, this is not an offer abut an invitation to treat. In the case of Majumder v Attoney-General of Sarawak , the Federal Court held that an advertisement in the newspaper for the post of a doctor was an invitation to treat. When an auctioneer invites bids, he is merely making an ‘invitation to treat’, and when a bidder makes a bid, he is making an offer.

In this case, the company is inviting the public to come for an interview but not offering public to accept the job. Sally is offering herself to the company because when a bidder makes a bid, he is making an offer. Sally called the company for an interview and this means she is already offer herself to the company. Sally has fulfilled the requirements of the company to allow a binding contract to come into existence. Sally is willing to be bound. Acceptance is when the person to whom the proposal is made signifies his assent thereto, the proposal is said to have been accepted. In this case, Sally has the intention to be bound but acceptance is depends on the company whether they want to accept Sally’s offer. Once the offer Is accepted, the proposal becomes a promise and the company become a ‘promisee’.

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