ELEMENT 1 : OFFER Flashcards
Harver v Facey (1893)
- a buyer asked a seller “will you sell me this bumper?”
- the seller replied “least i can do this 900 pounds”
Patridge v Crittenden (1968)
- advertisement stating selling wild birds was held to be ITT not an offer
-the defendant was not guilty for the offence “offering for sale a wild bird against the law”
(Advertisement)
Fisher v Bell (1961)
- a shopkeeper displayed a flicked knife
- not guilty for sale in contrary to the weapons act 1959
-display was only ITT
(Display of Goods)
Clifton v Palumbo (1944)
- “i agree to offer to you estate 600 000 pounds and as well sufficient time to examine”
- not offer but indication of price
(Mere statement of Price)
Taylor v Laird (1856)
- A captain on a ship resigned
- Decided to work as an a crew member on the way home back to gain payment
- the owner later than refused to pay the “captain” as there was no offer
(Communication of Offer)
Foley v Classique Coaches (1934)
- Foley owned some land and decided to sale them to Classique Coaches (CC)
- The catch is they have to buy fuel from Foley
- This went on for 3 years and no indication of price was stated
- CC’s lawyer points out the price problem with Foley
- CC left and was sued by Foley for breach of contract.
- Foley won
(Certainty of offer)
Stevenson v McLean (1880)
- defendant = McLean
- Claimant = Stevenson
- defendant had offer 40s worth of iron to the claimant
- claimant enquired if he could pay in a 2 month period
- defendant had sold it to someone else and didn’t tell the claimant
- Monday morning when the offer was a about to end, the claimant accepted the offer
- unware that it had already been sold
(Mere enquiry doesn’t amount to counter offer)
Routledge v Grant (1828)
- Grant made an offer to sell house
- remained open for 6 weeks
- took it of before 6 weeks
- can do that since no acceptance
(Revocation an offer can take any place at time before acceptance)
Hyde v Wrench (1840)
-Wrench offered 1000 pounds to Hyde
-Hyde offered 950 which amounted to counter offer
-Wrench sold to 3rd Party
- he can do that since counter offer amounts to rejection
(Rejection = Counter Offer)
Ramsgate Victoria v Montefiore (1866)
- Mr. Montefiore had bought shares for the claimant’s hotel in June
- hadn’t heard until 6 months later in November
- found out the value of shares had dropped
- court ruled that the offer had lapsed
(Lapse of Time)
Bryne v Van Teinhoven (1880)
- Defendant offer to sell tin plates 1000 boxes and issues a letter to get acceptance
- (Plaintiff / claimant) had received the letter on October 11
- Plaintiff telegram on the same day and issued letter on October 15
- Defendant had apparently issued a second letter on October 8 which arrived on October 20 to withdrew their offer
- court ruled that acceptance happened the moment the plaintiff received the 1st letter and replied back instantaneously by telex
- Defendant loses and has to pay their cost
(Revocation must be communicated to the offeree)
Dickinson v Dodds (1876)
- the defendant wrote stating to sell his house for 800 pounds to the claimant
- he had until Friday to make up his mind
- he waited until Friday
-during that period, a 3rd party (claimant’s friend) had decided to buy the house - defendant agreed
- claimant found out from his friend ( a reliable 3rd party)
- court ruled that the since there was no contract, no deposit, no acceptance means that the defendant could revoke the offer at any time and it is valid
(Communication can be made with a reliable 3rd Party)
Errington v Errington and Woods (1952)
- a father bought a house for son and daughter in law
- father promised the house to the couple once the mortgage was paid
- father died
- family members wanted that house
- However, house belong to couple once mortgage was paid.
(Unilateral offer cannot be withdrawn while the offeree is still performing)
