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Summary Formation of Contract

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Providing a summary of the main topics under the formation of contracts.

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June 22, 2023
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Offer and ‘Invitation to Treat’
Essay Plan
By Taonga Kanyimbo

, Key terms
An offer is a conditional promise made, that is willing to be bound by a contract with definite and certain terms
communicated to the offeree.

E.g, James makes an offer to buy a car from Andrew for 5,000 USD. Since James is only making the offer to a
specific person, only Andre can accept it. This was seen in Rylands v Fletcher 1868.

An ‘Invitation to Treat’ is for a party to make an offer to enter into contractual negotiations.

E.g Items on display in a shop, advertisements and catalogues are all common types of ‘invitation to treat’.
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