Commentary

67 Invitation to treat or offer?

ADVERTISING AND MARKETING vol 1

67 Invitation to treat or offer?

E: THE ROLE OF ADVERTISING AND MARKETING IN THE SELLING PROCESS

1: CONTRACT LAW

67 Invitation to treat or offer?

An advertisement may amount to a contractual offer, giving rise, if accepted, to a so-called ‘unilateral contract’1. However, such a contract will not generally arise where the terms of the alleged offer are insufficiently clear2, or where the advertiser can show that the advertisement demonstrated that there was no intention to create legal relations3.

Advertisements which simply give details of available products, such as price or other characteristics, will generally be considered to be

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