In the Pharmaceutical Society case,it was decided that goods displayed on the shelf in a self-service merchandising situation were an invitation to treat,rather than an offer.Discuss.

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The Answer is This question gives students the opportunity to deal with the subject of offer and acceptance,including invitation to treat in the bargaining process.In fact,it is very difficult to determine at what point an invitation ends and an offer starts.It can be argued that the Pharmaceutical Society case goes too far,that the judge's reasoning was flawed,and that these goods should have been an offer,not an invitation.In any case,students should distinguish between an invitation and an offer,clearly indicating that an invitation is simply a method of encouraging the prospective customer to enter the bargaining process,bestowing no rights on the parties.The offer,on the other hand,is the first stage of the process bestowing on the offeree a legal power he or she didn't have before-that is,the right to accept and create a binding contract.Students should indicate that they know what difference it makes if the goods on the shelf are an invitation or an offer.This essay question is less difficult,but it does give students an opportunity to demonstrate that they understand the essential elements of the bargaining process.

In the Pharmaceutical Society Case,it Was Decided That Goods Displayed