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Subject: Re: No contract unless money changes hands? Posted on: Wed, 24 Dec 2008 11:10:06 -0000

Alter Ego wrote:
> "Norman Wells" wrote in message
> news:E374l.68992$XB5.52985@newsfe29.ams2...
>> "steve robinson" wrote in message
>> news:xn0fz9imd1fzo7a002@news-text.blueyonder.co.uk...
>>
>>> quick senerio
>>>
>>> I enquire to buy a new television off you thats on display in your
>>> shop you tel meits £1000.00 i say thats fine i would like one
>>>
>>> Thats not a contract thats an offer to buy it
>>
>> No, that's a contract. There's been offer and acceptance. I have
>> offered to sell it to you for £1000, you have accepted that offer.
>
> Nope. Have you not paid any attention here? The shop advertises a
> television for sale at (say) £1000. That is nothing more than an
> 'invitation to treat'.
>
> The customer states that he wishes to buy the television. This is the
> offer - there is no contract yet because the offer has not been
> accepted by the seller.

Absolutely right, dear boy.


>>> Now you may accept my offer you may not at this point
>>
>> No. That would be breach of the contract we have already enetered
>> into.

> Nope. Have you not paid any attention here? The seller accepting the
> customer's offer is the point at which the contract is made - not
> before. The seller is perfectly entitled to refuse the offer should
> he so chose.

In your scenario, yes.

But that's not the one we were considering.
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