Cases Flashcards
Gibson v Manchester City Council
facts: the council wrote to Mr. Gibson (council tenant) stating “the Corporation may be prepared to sell the house, if you’d like to make a formal application form’ he did but the council rejected it anyway
held: the council’s letter was not an offer, it was not firm and definite. the application form was the offer
an invitation to treat definition
a statement preparatory to making an offer like in Gibson v MCC, or an invitation to make an offer
Partridge v Crittenden
facts: D placed an advert
D was charged by the RSPCA for unlawfully ‘offering for sale’ a wild live bird (against the Protection of Birds Act 1954)
held: not liable
principle: adverts are not offers, but an invitation to treat
Carlill v Carbolic Smoke Ball Co
facts: D advertised a £100 reward in a newspaper for those who, after proper product use, still got influenza.
held: there was a binding contract with Carlill as she accepted the offer and met the specified conditions.
principle: offers can be made to the world in general, anyone can accept
Fisher v Bell
facts: a shopkeeper was charged for displaying a flick knife in his shop window. The legal question was whether the display constituted an offer for sale (guilty) or an invitation to treat (not guilty).
held: not guilty
principle: displaying goods in a window is not an offer but an invitation to treat.
Pharmaceutical Society of Great Britain b Boots Cash Chemists
facts: The defendant’s self-service shop sold non-prescription drugs, some on the Poisons List. Customers picked items and paid at the till with a pharmacist. Legal action was initiated for an alleged breach of the Pharmacy and Poisons Act 1933, requiring pharmacist supervision for listed poisons.
held: not guilty
principle: goods on a shelf are invitations to treat, taking the item to the till is an offer, if the shop agrees to sell the item that is the acceptance.
