Paralegal Exam Prep

Category - Contracts

Is an advertisement an offer?
  1. Maybe. It depends upon whether a person seeing the advertisement wants to enter into a contract with the advertiser.
  2. Yes. An advertisement is an offer.
  3. Maybe. If an advertisement has the components of a clear and definite offer, it is an offer. Otherwise it is an invitation to deal.
  4. No. An advertisement is never an offer, but an invitation to deal.
  5. No. An advertisement is an invitation to deal, unless it includes a coupon.
Explanation
Answer: C. An advertisement may be an offer. If an advertisement has the components of a clear and definite offer, it is an offer. Otherwise it is an invitation to deal. While the general rule is that advertisements are not offers, there are narrow circumstances in which an advertisement is designed in such a way that it constitutes an offer.
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