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Commentary

154.1 Actions in contract

BUSINESSES vol 4(2) start-up, sale and purchase
| Commentary

154.1 Actions in contract

| Commentary

154 Other issues

154.1 Actions in contract

In exceptional cases, a business which issues a misleading advertisement may find itself on the receiving end of an action in contract.

An action in contract will be unusual as an advertisement is not usually interpreted as being a contractual offer but rather a mere invitation to treat1. Consequently, it may be difficult for a claimant to show that statements in an advertisement have become express terms of the contract. The courts will only interpret such statements as terms if the parties intend them to be and, to help them in ascertaining the parties’ intentions,

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