Question (a)IssueAccording to this case, the issue is determined whether there is a valid offer betweenKelvin and the Tesco supermarket.LawOffer or proposalwhich has stated in Section 2(a) of Contracts Act 1950 is enforcedin this case. Under Section 2 (a) of Contracts Acts 1950, a proposal is made when one personsignifies to another his willingness to do or to abstain from doing anything, with a view toobtaining 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 orwriting, 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, methodof payment or more must be stated clearly addressed to the proposee.Besides, the proposal must be communicatedto the offeree. The proposer shouldexpress or convey his proposal to the proposee for making a trade.The communication must complete when it come to the knowledgeof the person towhom it made that stated under Section 4 of Contracts Act 1950. The proposee must awareabout an offer which has purposely make to him by the proposer. The proposal made shouldfully understand by the proposee. Once it is a preliminary communication and may be said to be an effort to invite orinduce other to make an offer, it is an invitation to treat (ITT). ITT is not an offer and it is not
mentioned in the Contracts Act 1950. ITT often arise in the context of pre-contractualnegotiations, advertisements and store displays. Sometimes, advertisements or display ofgoods may be treated as offers which is considered as unilateral contracts (TransLegal 2019).ApplicationAccording to this case, it is merely an ITTby Tesco to Kelvin for induce him to makean offer to Tesco supermarket on buying a bag from Tesco supermarket. ITT do not consideras offer since it is a preliminary communication to make an effort on invite others to make anoffer. Thence, the Tesco supermarket was just make an ITT to Kelvin when it display the bagin the shelf.