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A contract is considered to be an agreement between the people who help to raise an obligation which is enforceable and considered to be recognised by law. It is taken into consideration that in common law there are three basic essentials of creation of a contract where these are being used for the purpose of creation of law. It is taken into consideration that invitation to treat is considered to be one of the most important factors which must be distinguished from an offer where a person does not make any offer but invites sent to make an offer. Here the statement is an invitation to offer which depends primarily on the intention with which it is being made. An invitation to treat is not made with the intention that it is considered to be binding as soon as the person to whom it is addressed the communication is being completed.
The current cases related to Valentino who has decided to sell his racing motorcycle where this would be advertised considering an invitation to treat.
In the current report it is identified that a person who has decided to sell a motorcycle has advertised for the same where the motorcycle is provided at £25,000 for the person who agrees to pay the price for the motorcycle. It was decided that the person can call at the number specified in the offer and the offer was considered to be open. Here it is taken into consideration that on Friday one of the persons named George read the advert for the motorcycle and called for the purpose of making an offer where the price that was a fact was of £20,000. It was identified that Valentino replied that the offer cannot be accepted below the price of £22,500. Also he made a counter offer where anyone would not be given the offer of sale until Monday while they would be identifying the amount. On the other hand it was identified that George called Valentino on Saturday again where a voicemail was left on the mobile agreeing to buy the price at £22,500. On the same day it was identified that Francisca dropped Valentino mobile and it was identified that the mobile was completely broken.
On the similar day Valentino mentioned during the performance of the motorcycle show that the bike was on sale to his friend Mark where Mark immediately agreed to buy the motorcycle at £25,000 later on. It was identified that the motorcycle was considered to be sold to mark as it was the perfect price also that was made to Valentino.
This is taken into consideration that a contract is considered to be a binding contract where the offer is made by a contacting person and acceptance for the contact is being done. It is the first accused of a contract that the party should have reached an agreement where agreement is reached in the case where an offer is made and acceptance is given by the other person. It is taken into consideration that the court will apply the objective test in the cases where the formation of contract is being done. Therefore in the current case it is identified that the parties have entered into a contract where invitation to treat is being taken into consideration in the case of invitation to treat it is identified that the intention is not present to make a binding agreement where the offer is being considered to be made by either the party. It is taken into account that in our invitation to treat the binding contract is being considered in the case where the offer is made by the other party and it is taken into account that the communication of ascent is being done. It is very much important to understand that where the offer is made with the intention to consider the invitation to do it then in that case it would be considered as an invitation to treat. There is a famous case of Carlil versus carbolic smoke ball company which is considered to be a relevant case of invitation to treat.
In the current case it is identified that Valentino has decided to sell his motorcycle where an advert is being made by him. It is taken into consideration that George has made an offer for the purpose of purchasing from the motorcycle where the offer is being made for £20000. The offer was considered to be rejected and was considered to be open where the offer would be accepted only in the case where a minimum amount of 22,500 is being given. It was identified that the offer was never completed as the offer of acceptance never reached valentino hence in the case where Offer is not being communicated and acceptance of Offer cannot be considered to be completed. Therefore in the current situation George does not have a binding agreement with Valentina for the purpose of purchase of a motorcycle.
Therefore in the current case it is identified that when an offer is considered to be completed where the offer has been communicated to the offering in the current case it is identified that there was an invitation to offer that was given by Valentino but the acceptance of offer was not there. Hence it is taken into account that the offer made by George was incomplete and hence there was no binding agreement between Valentino and George.
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