WK 1 - Case Law

Question 1

Muirhead and Turnbull v Dickson (1905)

Answer 1

Contract of sale or hire purchase?
Do not look at what parties intended to say, but actually said
(Consensus viewed objectively)

Question 2

Mathieson Gee v Quigley (1952)

Answer 2

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.

Question 3

(!!!) Explain Philp & Co v Knoblaugh 1907

linseed

Answer 3

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

Question 4

(!!!) Explain Partdrige v Crittenden 1968

bird

Answer 4

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

Question 5

(!!!) Carlill v Carbolic Smoke Ball Co 1893

Answer 5

Invitation to treat.
Offer accepted when cold treatment was purchased.
Money in account ready to be sent.

Question 6

(!!!) Pharmaceutical Society of GB v Boots 1953

Answer 6

Boots self service machines, but products could only be sold by pharmacist.
Customer makes offer, cashier accepts/declines, therefore invitation to treat.

Question 7

(!!!) Harvey v Facey 1983

Answer 7

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.

Question 8

(!!!) McArthur v Lawson 1877

Answer 8

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.

Question 9

(!!!) Fisher v Bell (1961)

Answer 9

Offence to offer offensive weapons for sale under Restriction of Offensive Weapons Act 1959.
Flick knife was displayed in shop window
with price tag.

Question 10

(!!!) Chwee Kin Kong v Digilandmall.come Pte Ltd 2004

Answer 10

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.

Question 11

Hyde v Wrench 1840

Answer 11

Counter offer destroys original offer

Question 12

(!!!) Wolf & Wolf v Forfar Potato Co. 1984

Answer 12

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

Question 13

(!!!) Wylie & Lochead v McElroy & Sons (1873)

Answer 13

Reasonable time to respond will depend on circumstances.
Price of iron ‘fluctuating’ - 5 weeks delay

Question 14

Felthouse v Bindley 1862

Question 15

Holwell Securities Ltd v Hughes 1974

Answer 15

Offerer may stipulate mode of acceptance

Question 16

Shaw 2010

Answer 16

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

Question 17

Thomson v James 1855

Answer 17

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.

Question 18

Dunlop v Higgins (1848)

Answer 18

Acceptance can be withdrawn if the letter of withdrawal reaches the offeror before or at the same time as the letter of acceptance.

Question 19

Smith v Oliver (1911)

Question 20

Morton’s Trustees v The Aged Christian Friend Society of Scotland (1899)

Question 21

Carlyle v RBS (2015)

Answer 21

Some use of promise in commercial setting
e.g. oral promise made by bank manager to lend money relied upon by client

Question 22

Littlejohn v Hadwen (1882) 20 SLR 5

Answer 22

Promise to keep an offer open

Question 23

Petrie v Earl of Airlie (1834) 13 S 68

Answer 23

A promised reward or did the Earl’s statement amount to an offer which was accepted by Petrie’s conduct?