E-Commerce Offer vs Invitation to Treat - 2301 Words

Q1) Consider the legal status of Web advert and whether it would amount to an offer in law; Q2) If so, consider whether the filling in of the buy now form amounted to an acceptance of the offer; Q3) Outline the consumer buyers rights under the Distance Selling Regulations as they may apply to this sale. In this assignment I must conclude whether the advert from Surjits website constitutes a lawful offer or an Invitation to Treat. I will test this by comparing the two alternatives and assessing which is more applicable to the case study. Offer V Invitation to Treat To establish the difference between an offer by an organisation or if it is advertising an Invitation to Treat is whether the advert can be likened to that of a shop†¦show more content†¦To then complete the form would amount to confirmation of negotiations by the consumer but not acceptance of sale. At which Surjit can refuse the sale of the cameras. Surjit has not specifically stated that the sales offer was an invitation to treat. This could prove a huge problem for him because websites have not been tested against the three stage rule in the U.K of invitation to treat, offer and acceptance. It could therefore be easily argued that Surjit is bound by a contract as it seems Argos believed they might have been. The fact that Argos settled out of court raises suspicion. If the case study is to be accepted as an established offer, then Surjit would have to comply with the Distance Selling Regulations 2000 (DSR 2000). These regulations are to protect consumers by insisting that influential information is supplied to customer before and after the contract has been entered. If email has been used to provide information to the seller then it is deemed fit for this method of communication to be used to inform consumers. The information in regulation to the Distance Selling 2000 includes; 1. the identity of the supplier and (where the contract requires payment in advance) the suppliers address; 2. a description of the main characteristics of the goods or services; 3. the price of the goods or services, including allShow MoreRelatedAustralian Business Law Summary6492 Words   |  26 Pagescontracts) Topic 3b: Elements of a simple contract 1. intention to create legal relationship - presumed in commercial but not family/social relationships; rebuttable by evidence 2. Mutual agreement - often proven by identifying separate offer amp; acceptance; can also be proven by circumstances / conduct 3. Consideration - promises need to be mutual, from each party to the other. 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