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Shop window, Pamphlets and menu

cards and advertisements


A communication can be an offer only if it is
clear, certain and unambiguous.
Is the mere mention of price a clear and definite
communication to be an offer?

No, because the offeror will get bound to supply


unlimited quantity which he never intended.
Mere mention of price is only an invitation to offer.
Applying the principles, assess whether the
following communications are offer or invitation to
offer.
Shop windows, price list, pamphlets, catalogues are
only invitation to offer.

Reason: The quantity is uncertain.

The customer will make an offer which the store


may accept or reject.
False Bargain
If the store attempts to sale at a higher price, it will
be a false bargain and an unfair trade practice.

The remedy for this is limited to get the store


stopped (cease and desist) from making false
communication.

There is no remedy to compel the store to get in a


contract.
If a show case, pamphlet, price list or catalogue
makes additional information which limits or makes
quantity certain, the communication could become
an offer.
Advertisements are only communications from a
business party.

If the communication is clear and definite with the


intent to create rights and obligations, it could be an
offer.

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