Law 5110 Lecture Notes - Lecture 39: John Nephew, Posting Rule, Switchblade
Document Summary
The court found that the buyer"s order was not an acceptance of the initial offer from the seller but a counter-offer which the sellers had accepted by returning the signature section of the buyer"s letter. On this basis, the court found that the contract was completed without the price variation clause and therefore the seller could not increase the cost of the tool. When a person accepts an invitation to treat an acceptance or counter-offer is likely to follow. An invitation to treat can be an advertisement or a poster invites a person to make an offer. The defendant city council had adopted a policy of selling council houses to its tenants. The claimant was a tenant of such a council house, who had applied for details of the house he was renting and applicable mortgage terms, using the printed form designated and supplied by the defendant for this purpose.
