Guthing v Lynn (1831) is an English contract law case that dealt with the issue of whether an advertisement can be considered an offer.
In this case, the defendant, Lynn, placed an advertisement in a newspaper offering to sell a horse to the highest bidder. The plaintiff, Guthing, attended the auction and placed the highest bid. However, Lynn refused to sell the horse to Guthing, claiming that the advertisement was not an offer, but merely an invitation to treat.
The court held that the advertisement was not an offer, but rather an invitation to treat. The court held that an advertisement is typically an invitation to treat, as it is an attempt to solicit offers from potential buyers. The court stated that the acceptance of an invitation to treat does not create a binding contract, but rather, it is the submission of an offer that creates a contract.
The case of Guthing v Lynn is an important case in the law of contract as it established the principle that an advertisement is typically an invitation to treat, rather than an offer. The case confirmed that the submission of an offer is required to create a binding contract, and that an invitation to treat does not create a legally binding agreement.