Law 5110 Lecture 24: Lecture 24
Document Summary
Advertisments: advertisements should avoid multi acceptance , pick and choose who they want to sell to, examples of advertisements set as offers carlill smoke ball, lefkowitz v great. Minneapolis surplus stores inc. (1957), saturday 9am sharp. First come first served. this was an offer, it was clear, definite, explicit and left nothing open for negotiation. 3 brand new fur coats limited number of people who could buy it. First come, first served, this waived their right to pick and choose their customers: limiting the number of people to accept an advertisement refers to an offer (wording is important). Auction sales: call for bids is an invitation to treat, the bid is the offer and smashing the hammer is the acceptance. Offer can be withdrawn before dropping the hammer (acceptance). Advertisement of an auction: harris v nickerson (1873), advertisement was an invitation to treat, customer paid expenses to travel down and bid on the item.
