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Offer and Acceptance
Invitation to Treat
• Goods Displayed on Shelves
o Pharmaceutical Society of GB –v- Boots Cash Chemists 
o Pharmacy and Poisons Act 1933 – chemist to be present at point of sale. Point of sale was cash desk, displaying of product was invitation only.
▪ Freedom of contract preserved – shops can refuse sale
• Goods Displayed in Shop Window
o Fisher –v- Bell 
▪ Offensive Weapons Act 1959 – sale of prohibited weapons. Failed as display was not sale, rather invitation to treat.
o Partridge –v- Crittenden 
▪ Protection of Birds Act 1954 – “Bramblefinch cocks and hens 25s each” not an offer.
• Lack of objectivity
o Gibson –v- Manchester City Council 
▪ G invited to buy house. M invited application on “may be prepared to sell” basis. Not an offer.
• Mere statement of price
o Harvey –v- Facey 
▪ Sale of Penn. H: “telegram lowest price”. F: “lowest acceptable £900”. Not an offer, merely statement.
• Lots at Auction
o Harris –v- Nickerson 
▪ Furniture listed in catalogue, H hoped to buy. Items withdrawn. Advertising was invitation to treat, acceptance only at fall of hammer.
o British Car Auctions –v- Wright 
▪ Prosecution for selling unroadworthy car. No offer to sell at auction. Failed.
Not Invitation to Treat
• Unilateral Offer
o Carlill –c- Carbolic Smoke Ball Company 
▪ Promise to pay £100 for unsuccessful usage in advert was an offer that could be accepted by anyone.
• Statement of Price where offer is intended
o Biggs –v- Boyd Gibbins 
▪ B: “for a quick sale I will accept £26,000”. BG accepts and B affirms. There is an offer.
• Competitive tendering
o Spencer –v- Harding...