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For invitations to treat you can pose an offer that can be accepted or rejected, like in fisher v bell, goods in a shop window are invitations, you can’t say I accept the goods because it is for the shop keeper to say, you can only offer to buy the goods.
Statement of intent is when someone says to hold up an auction, he is not exactly telling you to give an offer right there, he is just saying there might be an auction and you can offer to buy there. If he doesn’t hold an auction, there can’t be any offer and hence no acceptance or rejection. As established in a decided case involving sale of a plot.
So both aren’t same, invitation requires offer which will be accepted, while statement of intent only gives you an insight of the place where you can offer to buy the goods… Hope that answers the question.
It seems like answering the F4 exam question all over again 😀 BTW this will be the format you should use in the exam
Thanks Alee for that. One or two misused words (hold up an auction instead of hold an auction) but otherwise ok.
The case to which you refer was probably Harris v Nickerson – notice that an auction was to be held ……. but then wasn’t
Oh yes sorry Sir 🙂 it’s funny how adding ‘up’ misrepresents the answer to the reader… I would like to thank you for the lectures and notes, the whole time during the exam, I kept hearing your voice in my head 😛 Your exam techniques helped too, I completed my paper 15 mins earlier. The thing with the decided case was in accordance to the techniques 🙂
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