Question

1. In terms of legal definition and impact, how do we distinguish a typical advertisement from an offer? 2. Why do you think the distinction between an offer and an advertisement is significant? Please explain...! ... S...........,

Answer 1

ADVERTISEMENT AND OFFER

- WHAT IS ADVERTISEMENT

Advertisements are the tools/methods used to promote the sales and to develop the marketing strategy. It is also a notice published in newspapers or handbils. In law , there are many instances were, law requires it's parties to advertise, to notice the acts which are to be done. Such advertisement includes:

• description of the property to be sold
• terms of sale etc.

Advertisement can be done by both digital & printed methods.

-WHAT IS OFFER

Offer is referred to the act of promise , made by one party in return for the performance /services of another party. A contract will be formed only, when there will be a offer and acceptance. It is an invitation to enter in to a contract. The person who makes offer is called "offerer", and the person to whom the offer is made is called "offeree".

- WHAT IS THE DIFFERENCE BETWEEN ADVERTISEMENT AND OFFER

• Advertisement is not an offer, but it is an invitation to make offer. An offer is an promise made by one party in return for the services of another one , the persons involved is called offerer and offeree.
• Generally courts, didn't consider advertisement as offer. If we are considering an advertisement as offer, then" the person who saw a advertisement of tasty pizzas could enter in to the agreement and can say if it is not a tasty one , i'll sue" . There fore law differentiate the term advertisement from offer.
• Advertising law refers to the means and methods for communicating a information to the public. It includes the promotion process. On the other hand offer is an promise /invitation to make a contract. Inorder to create a valid contract , there must be an offer and acceptance.
• Advertising is the process of creating awarness among the public about products and services. An offer is an indication is an indication by one person to another of theeir willingness to contract upon the conditions.
• Advertisement is a notice published in newspapers and handbills and it includes; terms of sale & description of sale. Whereas, offer is an invitation to the public.