A contract is a deal made by more than two parties with a purpose of some enforceable legal rights and obligations. A contract is consist of an agreement, consideration and intention to create legal relations. An agreement is made up of offer and acceptance, It has been an valid offer and acceptance.
An offer is one of the elements of an agreement. An offer is a promise made by the offeror. Invitation to treat is an invitation to others to make an offer. The advertisement is an invitation to treat rather than an offer. According to the case Partridge v Crittenden, s The advertisement of the television which was seen by Emma is an invitation to treat not an offer. Therefore, there is not an offer made by Emma or Tony.
In addition, according to the case, Pharmaceutical Society of Great Britain v Boots Cash Chemist (southern) Ltd, goods on display is also an invitation to treat not an offer. When Emma said she saw Tony was offering that TV for sale for $1999. The television is displayed in the shop. Emma did not buy it yet, it is still an invitation to treat not an offer. There is not an offer made by Emma and Tony.
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Counter-offer destroys the foregoing offer and the offer can not be regenerative. In this case, Emma said “How about $1800?” she made a new offer and rejected her previous offer of $1500, therefore, the is not a counter-offer. According to the case Hyde v Wrench, in this communication, Tony said “Sorry, I am unable to sell at that price”and then he gave the alternative proposition which sells the the television by $1900. From this sentence it can be seen that Tony destroyed previous offer which is made by Emma of $1800 and made a counter-offer of $1900. But Emma answered to Tony “I need to think about this” She took no action to an offer made by