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4 Children for Sale is a photograph that depicts a mother, Lucille Chalifoux, hiding her head as her four children sit unwittingly beneath a sign that offers all of them for sale. [2] The photo was first published by the Vidette-Messenger of Valparaiso, Indiana on August 5, 1948 and was circulated widely during the following week.
[16] [17] [18] It is distinguished from an "invitation to treat", which is a request to others to make offers to engage in negotiations with a contract in mind. [19] Items displayed for sale are invitations to treat. [20] An offer is also distinguished from "mere puff". [9]
The courts have tended to take a consistent approach to the identification of invitations to treat, as compared with offer and acceptance, in common transactions. The display of goods for sale, whether in a shop window or on the shelves of a self-service store, is ordinarily treated as an invitation to treat and not an offer. [16] [17]
4 cenam, non sine candida puella meal, not without a fair-skinned girl 5 et vino et sale et omnibus cachinnis both wine and wit and all the banter. 6 Haec si, inquam, attuleris, venuste noster, If you bring these, I say, our charming friend, 7 cenabis bene; nam tui Catulli you will dine well, for the wallet of your Catullus 8
Such advertisements have been construed as an invitation for an offer of sale on the terms stated, which offer, when received, may be accepted or rejected and which therefore does not become a contract of sale until accepted by the seller; and until a contract has been so made, the seller may modify or revoke such prices or terms.
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