Today while I was reading the newspaper, I saw one brochure inserted inside. It is Domino's pizza brochure attached with coupons. Buy 1 free 1 written on the coupon with terms and conditons. Hmm, I started to wonder is coupon an invitation to treat or an offer and acceptance? The example below demonstrated my opinion:
Scenario
After I read through the brochure, I tear out the coupon and keep it. I plan to present it and claim for free pizza during my next visit to Domino's pizza. Just two weeks before the coupon expires, I went to Domino's and used it to get a free pizza for purchasing one pizza.
This coupon is actually an unilateral offer by Domino's. Unilateral offer defines as offer made to anyone, like in the Carlil and Carbolic Smoke Ball Company case. Accordint to Section 2(a) of the Contracts Act, Domino's was making an offer to whoever that has the willingness to visit their store to purchase pizza, can use this coupon to redeem for a free pizza. Based on the scenario described above, I have the intention to buy a pizza and claim for my free pizza using the coupon as I tear it out and kept it. From Section 2(b) of the Contracts Act, I can be said that I had accepted the offer as I presented the coupon while buying to get my free pizza. I also fulfilled the terms and conditions, one example is I used the coupon before it expires. Here, transaction is made thus also implies that Offer and Acceptance had take place.
What if after i read through the brochure, I just left the coupon as it is which means that i do not have the intention to use the coupon for any discounts on pizzas. Can I say that the coupon is an invitation to treat as I do not keep it or use it to buy pizza.
The answer is no. By definition, invitation to treat is not an offer but an invitation to make an offer. This case is similar to Carlil versus Carbolic case whereby Domino's promised a free pizza for anyone who presented the coupon when purchasing a pizza, with terms and conditions fulfilled. Since the well known case had distinguished offer from invitation to treat, I would like to conclude that coupon is not an invitation to treat. Consideration is involved in this case too. Maybe I will buy a pizza without using the coupon or perhaps I am not interested in Domino's but favor Pizza Hut.
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