A Advertise His Car on Local Newspaper

A’s statement
        A advertise his car on local newspaper, which he intend to sell it for        RM5, 000.00. And B is asking for a discount of RM500 from A, which A counter-offers it by raising the price back to RM4, 800.00. Because of that, B said that he will consider the price if A allow him to test drive the car during weekend. And A promises him to meet up during weekend. But during Friday, A sold the car for RM4, 500.00 to X.

Offer/Proposal
        From the statement, both parties are offering each other accordingly. At first, B proposes to A that he would like to buy the car at RM4, 500.00. Next, A proposes to B that he would eventually sell the car to B at the price at RM4, 800.00.  And after that, B proposes to A again that he would like to test drive first in order for him to consider that price.

Invitation to treat
        How a statement be consider as invitation to treat? According to the case PARTRIDGE v CRITTENDEN [1968] 2 ALL ER 421; [1968] 1 WLR 1204 , Partridge who intend to sell live bird by posting advertisement on magazine was sued for trying to sell live bird. Fortunately, the court held that his advertisement was merely an invitation to treat and was not found to be guilty. Thus, from the statement whereby A post his car for sale advertisement at local newspaper, it was similar to the case, and so, A was also performing an invitation to treat only.

Did B accept the offer of A?

        As seen in the statement, B did not accept the offer of A as he counter-offer the price propose by A, as well as asking for a test drive in order for him to consider the price propose by A. And before that, B also proposes that he would like to have a discount of RM500 after seeing the advertisement posted by A, which is an invitation to treat.

Did A accept the offer of B?

        A did not accept the offer of B as he counter-offer the price discount asked by B with a price of RM4, 800.00. Furthermore, A have no intention to have a legal agreement with B as he sold his car to X on Friday without giving B and prior notice. As A did not fulfill the condition of giving B a test drive opportunity, A is said to revoke the proposal of B.