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What is the weight of a promise? A promise is a powerful thing. In law and in business, not every promise carries weight. Some promises are just words, while others can land you in court if you break them. I came across this legal principle while preparing an academic submission for my ongoing Master of Laws degree studies. It’s something every entrepreneur should understand.  Ever wondered why some handshake deals stand firm while others collapse the moment something goes wrong? Or why verbal agreements sometimes hold up in court and other times mean nothing at all? That’s because not all promises are legally binding. There’s a fine line between a casual commitment and an enforceable contract. Understanding that line can save you from serious business pitfalls. I’ve asked myself before, “What makes a promise legally binding?” I also wondered why some promises don’t need a written contract and how businesses can protect themselves when making agreements. Whether you’re an entrepreneur, an executive, or just someone who wants to avoid making costly promises, I think I just found the answers. Before we dive in, a quick note: this article is for informational purposes only and does not constitute legal advice. While I’ve drawn on credible sources and case law to provide insights, every legal situation is different. If you’re facing a contract dispute or need tailored guidance, always consult a qualified legal professional. Now, let’s get into it. The Basics: What Makes a Promise Legally Binding? Not every promise is a contract, and not every contract is enforceable. A promise only becomes legally binding when certain key elements are present. It’s not just about saying, “I promise.” There has to be structure, intent, and something of value exchanged. The four core elements that make a promise enforceable are: 1. Offer – One party proposes a deal. 2. Acceptance – The other party agrees to the terms. 3. Consideration – Something of value is exchanged. 4. Intention to Create Legal Relations – Both parties must mean business. If any of these elements are missing, you might have a moral or ethical obligation, but not necessarily a legalone. For example, if you casually promise to buy your friend lunch next week, there’s no consideration(nothing is being exchanged), so the law won’t step in if you change your mind. But let’s say you’re running a business, and you promise to pay a supplier extra to speed up delivery. Is that promise binding? It depends, because consideration and intention to create legal relations become critical. Understanding these basics will help you navigate agreements, protect your business, and avoid costly misunderstandings. The Role of Consideration (What Are You Giving in Return?) In contract law, a promise is usually only binding if something of value, also known as “consideration”, is exchanged. This is what separates a legally enforceable promise from a casual statement. What is Consideration? Consideration is the value given in return for a promise. It can be: • Money (paying for a product or service) • Goods or services (trading skills or products) • A promise to do something (e.g., completing a job by a deadline) • A promise not to do something (e.g., agreeing not to compete in a particular market) No Consideration, No Contract (Usually!) A promise without consideration is just a gift. It is not a legally binding contract. If someone says, “I’ll give you $1,000 next week,” but you give nothing in return, they can change their mind, and you can’t sue them for it. But let’s look at a real business scenario. Case Example – Williams v Roffey Bros [1990] A contractor in the UK (Roffey Bros) promised to pay a subcontractor (Williams) extra money to finish a job on time. The court ruled this was a legally binding promise because Roffey Bros gained a practical benefit by avoiding late penalties and project delays. Even though Williams was already contractually obligated to do the work, the extra payment was enforceable because it gave Roffey Bros real, measurable value. Exceptions: When Consideration Isn’t Needed There are times when a promise can be enforced without consideration, such as under promissory estoppel, when breaking it would cause significant harm to the other party. So, if breaking your promise causes damage to the promisee, then the promisor might be liable. Why Consideration Matters for Entrepreneurs If you’re making a business deal, always ensure there’s something of value being exchanged: it protects both sides. Without consideration, a promise is just words, and in business, words alone aren’t enough. Promises in Business: Verbal vs. Written Agreements In business, deals are made every day, some with contracts, some with just a handshake. But when it comes to legal enforceability, is a verbal promise enough? The answer: sometimes, but not always. When is a Verbal Agreement Binding? In most cases, verbal agreements can be legally binding if they meet the basic contract requirements as earlier outlined in the article: offer, acceptance, consideration, and intention to create legal relations. If all four elements exist, a spoken agreement can hold just as much weight as a written one. For example, if you verbally agree to supply a client with 10,000 units of a product at a set price, and they accept, you could be held to that promise, even if there’s no written contract. Courts have enforced oral contracts in cases where there was clear proof of agreement and reliance on the promise. Why Written Contracts Are Critical in Business Despite verbal agreements being potentially enforceable, written contracts eliminate doubt. They: Certain contracts must be in writing to be valid, including: Common Business Mistakes with Verbal Agreements Many entrepreneurs fall into these traps: The Bottom Line If the deal is significant, ensure it is documented. While verbal agreements may hold validity in certain circumstances, in business, a written contract reduces risk and protects all parties involved. Exceptions: When a Promise is Enforceable Without Consideration Typically, a promise is only binding if there’s consideration (something of value exchanged between the parties). But contract law isn’t always that rigid. There are exceptions where a promise can still be enforced even when nothing is given in return. 1. Promissory Estoppel: When Breaking a Promise Is Unfair Promissory estoppel protects someone who has relied on a promise and would suffer harm if it were broken. Example: A landlord tells a struggling tenant, “Don’t worry about paying rent for the next three months.” If the tenant relies

Successful brands, especially those on the rise in their early stages, almost always have a silent partner. His name is advertising.  Advertising is the engine that drives visibility, converts leads into sales, and keeps businesses feeling like they’re performing well, at least in the short term. But here’s the catch: even the best advertising campaigns crumble if the product or service doesn’t hold its own. A business that leans too heavily on ads without delivering value is destined to fall flat. This is why I never ran a single advert about a decade after founding Maxwell Investments Group and its affiliates. Instead, I’ve focused on organic growth, the kind built on a foundation of trust, genuine value, and community engagement. It’s harder to achieve, but when done right, it offers longevity, something advertising cannot. The Pitfall of Dependency on Advertising Advertising can feel like a magic wand for businesses. A well-placed campaign can attract attention, generate leads, and even create the illusion of success. But what happens when the ads stop running? For brands that rely solely on advertising, the answer is simple: everything stops. Many businesses fall into the trap of equating advertising performance with business performance. The danger here is that advertising can mask deeper flaws, such as a weak product, poor customer retention, or a lack of genuine demand. Without a solid foundation, a brand built on ads alone is like a house of cards – impressive until the wind blows. History is full of examples. Think of startups that spent millions on flashy campaigns to capture attention but failed to deliver value, eventually burning out. Advertising may bring people to the door, but if what’s behind that door doesn’t meet expectations, those customers won’t return. At Maxwell Investments Group, we’ve never leaned on advertising. Instead, we’ve built systems, services, and products that stand on their own. Ads can amplify success, but they can’t create it from nothing. True growth comes from offering something people genuinely need and want, a principle that advertising alone can’t replace. The Power of Organic Growth There’s something deeply satisfying about knowing that your growth is rooted in genuine value. Organic growth, the kind that happens without heavy reliance on advertising, is rewarding and transformative. It’s a testament to the quality of your product, your service, and the trust you’ve built with your community. Organic performance has been the cornerstone of our journey. For about a decade, we’ve focused on creating value that speaks for itself. The result is Growth driven by word of mouth, strong relationships, and a reputation for delivering solutions that work. Organic growth takes time, effort, and resilience. It’s not about quick wins but about building something sustainable. Unlike advertising-driven growth, which often depends on external inputs, organic growth is self-sustaining. Its exponential benefits lie in its ability to snowball. Happy customers become advocates, and your value becomes your marketing. It’s a more challenging path, yes, but it’s priceless. When your product grows organically, it doesn’t only boost sales; it boosts confidence. You know you’re succeeding because you’re solving real problems, not because of a clever tagline or a flashy campaign. Community as a Catalyst for Growth Growth without a community is like planting seeds in barren soil. For a business to thrive, it must first earn its place within a community and then build one around its values and vision. For Maxwell Investments Group, the journey started with the Ghanaian agro-community. We didn’t impose ourselves; we earned our way in by understanding the community’s needs, respecting its culture, and delivering value. From there, we built a larger ecosystem, one centred on shared goals and mutual progress. A strong community fuels organic growth in ways advertising never can. It creates loyalty, fosters trust, and generates a feedback loop that constantly improves your product or service. When people feel like they are part of something bigger, they move from being just customers to being advocates, collaborators, and partners in your success. But all of this hinges on one critical factor: the product must work. Our MIG communities will continue to support our shared vision through our businesses as long as our solutions are affordable and accessible and solve real problems. The combination of a great product and a strong community drives lasting growth, and that’s precisely how the MIG Ecosystem came to life. The Feedback Loop of Organic Growth One of the most powerful advantages of organic growth is the feedback loop it creates. When your business is closely tied to the community it serves, you’re constantly learning, improving, and refining. Every interaction, every purchase, and every conversation becomes a source of insight. For Maxwell Investments Group, this feedback loop has been transformative. By staying connected to the agro-community and listening to what works and what doesn’t, we’ve been able to adapt our products and services to meet real needs. It’s a continuous cycle: better products lead to happier customers, which leads to more trust and loyalty, which fuels further improvements. Advertising cannot replicate this organic optimisation. Ads may bring attention, but they don’t tell you what’s broken or what could be better. A feedback loop, on the other hand, creates a direct line between the business and its users, ensuring that growth is sustainable and grounded in reality. When growth comes from within, driven by a product or service that genuinely resonates, it’s exponential. Every cycle of feedback and improvement builds on the last, creating a momentum that advertising alone could never achieve. When Advertising Becomes a Tool, Not a Crutch Advertising has its place, but only when it’s used to amplify, not substitute, a solid foundation. A great product or service that grows organically can benefit immensely from the right advertising. It’s the cherry on top, not the cake itself. Advertising has not been necessary for Maxwell Investments Group because our growth has been organic. But if and when advertising is introduced, it will be to give an extra push to products and services that the community has already

While researching for an academic submission during my LLM studies, I came across an intriguing concept in contract law: the distinction between an offer and an invitation to treat. It’s one of those principles that might seem abstract at first, but once you dive into it, you realise how practical and relevant it is, whether you’re navigating everyday transactions or dealing with complex commercial agreements. I thought I should share. DEFINITIONS What is an Offer? An offer is a clear and definite proposal by one party (the offeror) to another (the offeree) that indicates a willingness to be legally bound once accepted. As G.H. Treitel explains in The Law of Contract (2003), an offer is “an expression of willingness to contract on specified terms, made with the intention that it is to become binding as soon as it is accepted by the person to whom it is addressed.” Think of an offer as a handshake waiting to happen: one party extends it, and the other can choose to accept or reject it. What is an Invitation to Treat? An invitation to treat, on the other hand, is more like an open door. It’s an invitation for others to make offers, leaving the inviter free to accept or reject them. Finch and Fafinski in Law Express: Contract Law (2017) describe it as “a statement made by a party inviting offers which that party is then free to accept or reject.” Common examples include:             •          Advertisements: When you see a product advertised online or in a newspaper, it’s not an offer. It’s an invitation for you to make an offer to buy.             •          Displays: Items on store shelves or in shop windows are invitations to treat, not offers. The seller decides whether to accept your offer at checkout. Why Does the Distinction Matter? This distinction is vital because it determines when a legally binding contract is formed. Without it, businesses would lose flexibility in how they operate, and consumers might find themselves bound by unintended agreements. It ensures that both parties willingly enter into a contract, with transparent terms and mutual consent. CASE ANALYSIS Two landmark cases, Fisher v Bell and Pharmaceutical Society v Boots, are essential to understanding how the distinction between an offer and an invitation to treat plays out in real-world scenarios. These cases clarified key legal principles while highlighting their practical implications. Fisher v Bell [1961] 1 QB 394 Facts “Fisher v Bell [1961] 1 QB 394” is an English contract law case in which a shopkeeper displayed a flick knife in his shop window with a price tag attached. Under the Offensive Weapons Act 1959, it was illegal to “offer for sale” offensive weapons, and the shopkeeper was prosecuted for this. Legal Principles The court held that the display of the knife was not an offer but an invitation to treat. The shopkeeper was not bound to sell the knife to anyone simply because it was displayed. Instead, it was up to customers to make an offer to buy, which the shopkeeper could either accept or reject. Implications This case established that shop displays are legally considered invitations to treat, giving retailers control over their transactions. If displays were treated as offers, businesses would lose the ability to regulate sales, for example, by refusing a transaction due to insufficient stock or other factors. Pharmaceutical Society of Great Britain v Boots Cash Chemists Ltd [1953] 1 All ER 482 Facts Boots introduced self-service in its pharmacy, allowing customers to pick up items from shelves and proceed to a cashier. The Pharmaceutical Society argued this violated Section 18 of the Pharmacy and Poisons Act 1933, which required certain drugs to be sold under a pharmacist’s supervision. Legal Principles The court ruled that items on shelves were invitations to treat, not offers. A contract was formed only when the customer presented the goods at the cash desk, and the cashier accepted payment, allowing a pharmacist to oversee the transaction. Implications This decision paved the way for the self-service retail model, which is now standard practice worldwide. If the court had ruled otherwise, businesses would have faced significant operational changes, such as requiring staff to personally manage every transaction. Synthesis of the Cases Both cases underline a crucial point: the distinction between an offer and an invitation to treat is about intent. By treating displays as invitations to treat, businesses retain flexibility, and consumers are not prematurely bound to agreements. These rulings remain fundamental to modern retail practices, ensuring fairness and clarity in commercial transactions. MODERN RELEVANCE The principles established in Fisher v Bell and Pharmaceutical Society v Boots remain highly relevant today, particularly in the context of e-commerce and automated transactions. While the commercial landscape has evolved, the distinction between an offer and an invitation to treat continues to shape how businesses and consumers interact. E-Commerce and Online Transactions             1.         Online Advertisements Just like physical shop displays, online advertisements and product listings are considered invitations to treat. A contract is not formed when a customer adds an item to their cart but only when the seller confirms the order. This allows businesses to manage errors, such as incorrect pricing, and control stock availability. For example, in the case of Argos (2013), there was a pricing error on their website, which listed televisions for £99.99 instead of £349.99. Because the listings were deemed invitations to treat, Argos was not legally obligated to honour the mistaken price.             2.         Dynamic Pricing Platforms like Amazon use algorithms to adjust prices in real-time. Treating these prices as invitations to treat gives sellers the flexibility to update offers without being bound prematurely, ensuring fairness in fast-changing markets.             3.         Automated Checkouts In digital transactions, the checkout process mirrors the principles established in Pharmaceutical Society v Boots. Customers make an offer when they place an order, and the seller accepts it upon confirmation. This sequence ensures clarity and prevents disputes. Implications for Business Practices             1.         Flexibility for Businesses By treating advertisements and displays as invitations to treat, businesses retain control over their transactions. They can review orders, ensure compliance with policies, and address stock shortages without being automatically bound by customer actions.             2.         Consumer Expectations However, this flexibility sometimes clashes with consumer expectations. Many