Offer and Acceptance
1. Invitation to Treat
* Goods Displayed on Shelves
Pharmaceutical Society of GB –v- Boots Cash Chemists 
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
Fisher –v- Bell 
Offensive Weapons Act 1959 – sale of prohibited weapons. Failed as display was not sale, rather invitation to treat.
Partridge –v- Crittenden 
Protection of Birds Act 1954 – “Bramblefinch cocks and hens 25s each” not an offer.
Lack of objectivity
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
Harvey –v- Facey 
Sale of Penn. H: “telegram lowest price”. F: “lowest acceptable £900”. Not an offer, merely statement.
Lots at Auction
Harris –v- Nickerson 
Furniture listed in catalogue, H hoped to buy. Items withdrawn. Advertising was invitation to treat, acceptance only at fall of hammer.
British Car Auctions –v- Wright 
Prosecution for selling unroadworthy car. No offer to sell at auction. Failed.
Not Invitation to Treat
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
Biggs –v- Boyd Gibbins 
B: “for a quick sale I will accept £26,000”. BG accepts and B affirms. There is an offer.
Spencer –v- Harding 
Invitation to submit tenders is not an offer to sell to highest bidder.
BUT: Harvela Investments –v- Royal Trust of Canada 
Advert stipulated sale to highest bidder. Lowest bidder stated $2,100,000 or £101,000 in...