Invitation to Treat
Example 1:
One day, Jake and his friends went to Sunway Pyramid shopping centre for movie. While they are walking, Jake came across a shop where he is attracted by this wooden guitar hanging in front of the shop window. So, he decided to went in the shop and he saw a price tag placed beside the wooden guitar. In the end, he did not buy it as he cannot afford the price. After that, Jake meet up with his friends at cinema for the show.
Jake intended to buy the guitar at first but once he saw the price tag, he felt the price is not reasonable thus he left empty handed. As Jake walked off the shop without the guitar, he did not offer to buy it based on Section 2(a) of Contracts Act 1950. Case of Fisher versus Bell mentioned that display of any goods with a price tag is just an invitation to treat but not an offer.
Example 2:
Blair is a fresh graduate and she wants to work as an accountant as she holds the degree for Bachelor of Accounting. In the mean time, she is searching for jobs advertised on newspapers. She highlighted those posts that she is interested in. Finally, Blair decided to apply few companies for the post of accountant as she wants to increase her job opportunity. Without any hesitation, she sent her resume to those companies.
According to the case of Mazumder v. A.G. of Sarawak, it stated that advertisement on newspapers with job posts is merely an invitation to treat. Furthermore, though Blair can be regarded as making an offer since she had sent her resume, but she still need to wait for the reply. In other words, those companies can either reject or accept her application.
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