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.