law_assignment.docx - Question(a Issue According to this case the issue is determined whether there is a valid offer between Kelvin and the Tesco

law_assignment.docx - Question(a Issue According to this...

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Question (a) Issue According to this case, the issue is determined whether there is a valid offer between Kelvin and the Tesco supermarket. Law Offer or proposal which has stated in Section 2(a) of Contracts Act 1950 is enforced in this case. Under Section 2 (a) of Contracts Acts 1950, a proposal is made when one person signifies to another his willingness to do or to abstain from doing anything, with a view to obtaining the assent of that other to act or abstinence, he is said to make a proposal. The Section 9 of Contract Act 1950 stated that if a proposal is made either in orally or writing, it is said to be expressed and implied. The requirement of a proposal is the subject matter of the proposal must be certain . This is refers to the details of a proposal such as subject for trade, price of the subject, method of payment or more must be stated clearly addressed to the proposee. Besides, the proposal must be communicated to the offeree. The proposer should express or convey his proposal to the proposee for making a trade. The communication must complete when it come to the knowledge of the person to whom it made that stated under Section 4 of Contracts Act 1950. The proposee must aware about an offer which has purposely make to him by the proposer. The proposal made should fully understand by the proposee. Once it is a preliminary communication and may be said to be an effort to invite or induce other to make an offer, it is an invitation to treat (ITT) . ITT is not an offer and it is not
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mentioned in the Contracts Act 1950. ITT often arise in the context of pre-contractual negotiations, advertisements and store displays. Sometimes, advertisements or display of goods may be treated as offers which is considered as unilateral contracts (TransLegal 2019). Application According to this case, it is merely an ITT by Tesco to Kelvin for induce him to make an offer to Tesco supermarket on buying a bag from Tesco supermarket. ITT do not consider as offer since it is a preliminary communication to make an effort on invite others to make an offer. Thence, the Tesco supermarket was just make an ITT to Kelvin when it display the bag in the shelf.
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