Contract law: Invitation to Treat or Offer?

Рет қаралды 9,143

Denise Agyepong-Mensah

Күн бұрын

In this video, I explain the main differences between a legally binding offer and an invitation to treat.

Пікірлер: 32

@dkdps1 Жыл бұрын

Thank you Denise, very well explained! Before, I found it difficult to understand in my engineering law module.

@LawwithDenise Жыл бұрын

You are welcome. I am glad to know I helped. All the best with your course.

@Yourfavoritestoryteller7 Жыл бұрын

Thumbs up to you, this really helped me

@LawwithDenise Жыл бұрын

You are welcome. I am glad it helped.

@johnkay4701 6 ай бұрын

Most interesting. Today I saw an item for sale on a UK website at a price, there was a discount code that I had to input to achieve a more favourable price. That done the website detailed a significant discount, larger then expected. I hit the purchase buttons, instructing that the price be taken from a credit card. The apparent sale & purchase were acknowledged by email at the discounted price. So, please correct me if I'm wrong. There was an:- Invitation to treat. Offer. Acceptance of offer. Payment in full of the agreed price of £359.64. Then a few hours later, I received an email from the seller, cancelling the order & that monies paid via my credit card would later be refunded. BIG question: Can I enforce the contract of sale & purchase in a UK court of law? Can you advise please, as I do not know enough about legal stuff. I've just done some mad searching & found phrases such as Breach of Contract &Sue for specific performance. Where do I stand legally please?

@LawwithDenise 6 ай бұрын

@johnkay4701 Thanks for the message. Firstly, I can't give legal advice. However, I can explain some things for you. The short answer is, 'no, you can't take the seller to court'. Invitation to treat and offer are foundational theories in contract law. Law students normally study other areas of contract law such as when an offer or acceptance can be withdrawn, which add a little more complexity to how these theories play out in reality. Furthermore, your situation is directly related to another area of law, consumer law. As a consumer you have certain rights such as the right to receive the goods you ordered and the right to receive them in satisfactory condition. You don't have a right to take the seller to court if they realise they cannot provide the goods and promise to refund you. If they don't refund you, then maybe we could be onto something, though. :) I hope this helped a bit. Take care now. Love, Law with Denise. :)

@johnkay4701 6 ай бұрын

@@LawwithDenise Hi Denise, thank you for your response. The company that I'd ordered this good from stocks this item, so they could most definitely fulfil the contract of sale. They issue is, that they do not like the price that their online system had offered & I had agreed to, & then paid via my credit card. So under consumer law, I don't wish them to just cancel my order & give me a refund; I wish them to fully fulfil the contract of purchase & send me the goods that I'd ordered & pre-paid for in full. So can they legally just unilaterally CANCEL such an order (contract of purchase) unilaterally & refund me my pre-paid money? I simply need to find out whether they are now legally bound to deliver the good to me at the price that I've paid, & if not, can I enforce it in law? I don't wish to receive a refund, I need the goods. It is an item that they probably have many of, just sitting in a warehouse. They simply made an error & applied a larger discount online, which probably means they would make a loss on the sale of this good instead of a profit. So surely, Invitation to treat, offer, acceptance, payment in full, has ALL been fulfilled by law. Have I got this wrong? NB. I have screen-prints of all the stages of the transaction & an email of order confirmation from the company. All should be good proof of the price agreed by their online system.

@LawwithDenise 6 ай бұрын

@johnkay4701 I see what you mean. Ok, so in your situation you will need to get familiar with precedent with similar facts to your case. Those cases will tell you if you have any chance of getting the business to fulfil the contract or not. I have never studied such cases, but I found this article which could be a good start www.lawteacher.net/free-law-essays/contract-law/e-commerce-law-involving-electronic-contracting-contract-law-essay.php I hope this is somewhat helpful. This is such an interesting area of law, if I wasn't tied up with other work, I would be keen to delve into the case law with you. All the best, Denise.

@johnkay4701 5 ай бұрын

@@LawwithDenise I thought that I'd update you as to what has happened Denise, as you were good enough to reply to me. The company Aferiy, tried to offer a slightly better discount off their price; however it was only small & I rejected this in writing. I gave them a time deadline for them to concede or I would initiate a claim in the UK Small Claims Court. Heard nothing. Then with about 3-hours to go, I sent them an email reminder of my action & this would be the last communication I would send before commencing the legal action at my set deadline. With minutes to my deadline, they sent me an email compromise offer of a special discount allowing me to purchase at a price of £635. This was about a 'meeting in the middle' price. I'd already tried to check whether they had a UK subsidiary registered with Companies House, but my searches found nothing; their parent company trades out of Hong Kong. Without me being able to find a UK subsidiary, I thought that launching a small claims action would prove difficult. So I accepted their much better/significant discount & charged them not to renege on this latest offer of theirs. So in conclusion, I paid £635 & now have an Aferiy power station delivered & working, having saved about £350 off their previous best price. Hope that I did the right thing; hang tough, compromise, reasonable deal. I think I paid just under their cost price. Worth the hassle? Probably.

@LawwithDenise 5 ай бұрын

@johnkay4701 Thanks for the update. Well done to you! :) It's great that you shared your story. Now other people can see it and follow what you did if necessary. All the best. Denise.

@Kparuvwe Жыл бұрын

This was very helpful 🙏💕 Got yourself a new subscriber

@LawwithDenise Жыл бұрын

Thanks for the feedback and thanks for subscribing to the channel.

@collinssunshine3646 11 ай бұрын

awesome,,,,,, lovely

@cloventonguesoffire Жыл бұрын

Jesus loves you Denise❤❤❤

@LawwithDenise Жыл бұрын

Thanks for the reminder. :)

@Armani_K 9 ай бұрын

Ma please do you have cases for an invitation to treat

@LawwithDenise 9 ай бұрын

@Armani_k I only have this one kzbin.info/www/bejne/qKKvo6KgjqeSZ7Msi=tIABWw7lmGp9DCEU And this might be helpful kzbin.info/www/bejne/e3yok4KNmZymrc0si=MP1NHAIHm9-o8WpK

@LawwithDenise 9 ай бұрын

What exactly do you want? Case summaries or lengthy explanations of cases on invitation to treat?

@Armani_K 9 ай бұрын

@@LawwithDenisecase summaries please. Thank you so much for the links ma❤

@LawwithDenise 9 ай бұрын

@Armani_k You are welcome. Thanks for clarifying what you are looking for.