iii The terms of offer must be definite unambiguous and certain or capable of

Iii the terms of offer must be definite unambiguous

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iii) The terms of offer must be definite, unambiguous and certain or capable of being made certain. iv) The offer must be communicated to the offeree. An offer must be communicated to the offeree before it can be accepted. v) The offer must not contain a term the non-compliance of which may be assumed to amount to acceptance. Thus, the offerer cannot say that if the offeree does not accept the offer within two days, the offer would be deemed to have been accepted. vi) The Special terms, forming part of the offer, must be duly brought to the notice of the offeree at the time the offer is made. vii) Two identical cross-offers do not make a contract . Offer vs an invitation to treat: An offer must be distinguished from an invitation to offer or to treat. Invitation to treat is an invitation to make an offer and no contract can result from it alone. The best example is afforded by the display of goods in a shop or a supermarket. According to decided cases this amounts to invitation to treat and not an offer. It is the customer or the prospective buyer who makes an offer to the shopkeeper or attendant or the cashier by picking up the good and expressing the desire to purchase them. Pharmaceutical Society of Great Britain vs. Boots Chemist (1953) - the defendant had a self-service store in which certain drugs were displayed on the shelves. It was unlawful to sell such drugs unless the sale was done under the supervision of a registered pharmacist. A customer selected some of the drugs from the shelves. The defendant had placed a registered pharmacist on duty at the 55
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cash desk near the exit but not near the shelves. The defendant was charged with the offence of selling listed drugs without supervision of a registered pharmacist. If the sale took place when the customer picked up the drugs from the shelves, the defendant would be liable but if the sale took place at the cash desk where the pharmacist was stationed, then the defendant was not liable. Held : The defendant was not liable because the display of goods on the shelves was merely an invitation to treat and not an offer. It was the customer who made an offer by selecting the article and taking it to the cashier. Fisher vs Bell 1960 A shopkeeper displayed a flick knife in his shop window with a price behind it. He was charged with the offence of offering a flick knife for sale. The court had to determine whether the shopkeeper act amounted to offering the knife for sale. Held : The display of an article with a price tag on it in a shop window is merely an invitation to treat and not an offer. Offer vs a declaration of intention : An offer should be distinguished from a declaration of an intention . Where a person expresses his intention to do anything or an act it does not bind him to another person who suffers damages because he fails to carry out his intention despite the fact that someone relied on his declaration and acted on it. When articles are sold at public
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