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Subject: Re: No contract unless money changes hands? Posted on: Wed, 24 Dec 2008 11:16:15 -0000

Alter Ego wrote:
> "Norman Wells" wrote in message
> news:_Eb4l.43969$en7.16629@newsfe28.ams2...

>> Sorry, but that's not the case here. If it were just a matter of a
>> price ticket on an item, it would be an invitation to treat. Once
>> it becomes one-to-one between you and a spokesman for the store, and
>> a price is quoted, there is an obvious intention on the shops part
>> to sell the television at the price quoted. That constitutes an
>> offer, and only therefore requires acceptance for a contract to be
>> formed.
>
> The above is obviously wrong solely because it's posted by Norman. It
> actually is wrong of course.

'of course'

> It's still an invitation to treat whether you like it or not. There
> is still the option open to the buyer to negotiate a discount or for
> something to be provided with the sale (free installation perhaps).

Of course. That's because, until the buyer has accepted, there is no
contract.

> Once such extras are negotiated (and even if the seller refuses to
> provide such extras) and the agreed price is finally offered by the
> buyer has the *offer* been made. There is still no contract at this
> point because the seller has to accept the offer (although he can
> refuse it if he wishes - the seller is under no obligation to sell
> anything).

The contract is formed at the moment both sides agree as to what is to be
provided at what cost. There are no subsequent steps, nor does one party
have to be the first or last to agree.

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