Final answer:
In law, an invitation to tender is usually an invite to submit a bid rather than a binding offer. It may become an offer when the terms are definite and there's a commitment to contract with the acceptor, as in guarantees of acceptance or clear ads promising a contract like 'Carlill v Carbolic Smoke Ball Co' case.
Step-by-step explanation:
An invitation to tender is typically not considered an offer in the legal sense but rather an invitation to the public to submit bids or proposals. An invitation to tender becomes a binding offer under certain specific circumstances, such as when the terms are clear, definite, and explicit, suggesting that no further negotiations are intended, and they include a commitment to enter into a contract with the party that accepts the invite on those terms.
One example would be if the tender specifies that there will be a guaranteed acceptance of the proposal provided certain conditions are met. This constitutes an offer because it demonstrates an intention to create legal obligations upon acceptance. Another instance might be when the invitation to tender is an advertisement that clearly indicates performance will result in a contract, like the famous case of Carlill v Carbolic Smoke Ball Co.
In employment, negotiating job offers with employers commonly occurs. Accepting a job offer may include negotiating elements like the starting dates, salary, and other terms and conditions of the employment contract, which demonstrates the transition from the invitation to make an offer to the point where a legally binding agreement is formed.