Law of Contract Cases on Advertisements As An Invitation To Treat

Lefkowitz v. Great Minneapolis Surplus Stores

Court: Court

Year: 1857

Principle(s): Acceptance of an offer gives rise to a complete contract. An offer can be made through an advertisement. For an offer to be made through an advertisement, the offer must be "clear, definite, and explicit, and left nothing open for negotiation" Acceptance of an offer can be by conduct. The plaintiff accepted the offer when he went to the store as the first person.

Dormenyor v. Johnson Motors

Court: High Court

Year: 1990

Principle(s): An advertisement is an invitation to treat. There must be acceptance before a binding contract can exist

Harris v Nickerson

Court: High Court, Queens Bench Division

Year: 1872

Principle(s): An advertisement for an auction does not constitute an offer.

Carlill v. Carbolic Smoke Ball Company

Court: Court of Appeal

Year: 1892

Principle(s): An advertisement containing certain terms to get a reward constituted a binding unilateral offer that could be accepted by anyone who performed its terms; There is no need to write to the offeror to accept the terms. Performance constitutes acceptance

Partridge v Crittenden

Court: UK High Court

Year: 1968

Principle(s): An advertisement is usually an invitation to treat