WK 1 - Case Law Flashcards
Muirhead and Turnbull v Dickson (1905)
Contract of sale or hire purchase?
Do not look at what parties intended to say, but actually said
(Consensus viewed objectively)
Mathieson Gee v Quigley (1952)
Pond: Mathieson Gee offered to supply equipment. Q refused to pay.
Performance because Q already paid £300 in Q account.
No contract bc no consensus.
(!!!) Explain Philp & Co v Knoblaugh 1907
linseed
K wrote to P advising that “I am offering ..100 tons of linseed for Jan delivery @ 41/3, usual terms, are you buyers?”
P replied accepting. K failed to deliver, P sued, K said there was no contract as they were merely advertising & inviting interest in the linseed
(!!!) Explain Partdrige v Crittenden 1968
bird
Offering to sell wild birds – offence under the Protection of Birds Act 1954
P advertised bird for sale
Thomson responded and bought bird. P sent bird, RSPCB prosecuted P
(!!!) Carlill v Carbolic Smoke Ball Co 1893
Invitation to treat.
Offer accepted when cold treatment was purchased.
Money in account ready to be sent.
(!!!) Pharmaceutical Society of GB v Boots 1953
Boots self service machines, but products could only be sold by pharmacist.
Customer makes offer, cashier accepts/declines, therefore invitation to treat.
(!!!) Harvey v Facey 1983
H telegraphed F – “will you sell?…advise lowest price..”
F replied “lowest cash price £900”
H replied “agree to buy at £900”
F refused to proceed.
(!!!) McArthur v Lawson 1877
Employer offered to grant an employee a
partnership after 2 years.
The terms of the letter stated that “..at the end
of the 2nd year, I engage to give you a substantial
interest by way of partnership in my business.
(!!!) Fisher v Bell (1961)
Offence to offer offensive weapons for sale under Restriction of Offensive Weapons Act 1959.
Flick knife was displayed in shop window
with price tag.
(!!!) Chwee Kin Kong v Digilandmall.come Pte Ltd 2004
D sold printers. Advertised online at a
fraction of the price. 100 printers
ordered at the price stated. When
mistake re. price discovered, D emailed
to say they would not be fulfilling the
order.
Hyde v Wrench 1840
Counter offer destroys original offer
(!!!) Wolf & Wolf v Forfar Potato Co. 1984
Counter offer destroys original offer
FPC’s offer to W to sell potatoes was for
acceptance by 5pm.
W issued a qualified acceptance which
was rejected by FPC
W then accepted the original offer - all
before 5pm; FPC ignored this and so W
sued for breach of contract
(!!!) Wylie & Lochead v McElroy & Sons (1873)
Reasonable time to respond will depend on circumstances.
Price of iron ‘fluctuating’ - 5 weeks delay
Felthouse v Bindley 1862
Holwell Securities Ltd v Hughes 1974
Offerer may stipulate mode of acceptance
Shaw 2010
Contract existed.
One party thought they had covered in their latest offer all the points with which the other had previously had issue and would assume that was the case if not heard back by a certain date
Thomson v James 1855
J writes to buy T land.
Posts withdrawal on 1st Dec.
T posts acceptance on 1st Dec.
Both received same day.
Court ruled it’s not enough to post it, withdrawal must be communicated before acceptance takes effect.
Dunlop v Higgins (1848)
Acceptance can be withdrawn if the letter of withdrawal reaches the offeror before or at the same time as the letter of acceptance.
Smith v Oliver (1911)
Morton’s Trustees v The Aged Christian Friend Society of Scotland (1899)
Carlyle v RBS (2015)
Some use of promise in commercial setting
e.g. oral promise made by bank manager to lend money relied upon by client
Littlejohn v Hadwen (1882) 20 SLR 5
Promise to keep an offer open
Petrie v Earl of Airlie (1834) 13 S 68
A promised reward or did the Earl’s statement amount to an offer which was accepted by Petrie’s conduct?
