Case Examples

Case Examples

View Full Essay Offer and Acceptance

Invitation to Treat

    • Goods Displayed on Shelves
        o Pharmaceutical Society of GB –v- Boots Cash Chemists [1953]
        o Pharmacy and Poisons Act 1933 – chemist to be present at point of sale. Point of sale was cash desk, displaying of product was invitation only.
              ▪ Freedom of contract preserved – shops can refuse sale
    • Goods Displayed in Shop Window
        o Fisher –v- Bell [1961]
              ▪ Offensive Weapons Act 1959 – sale of prohibited weapons. Failed as display was not sale, rather invitation to treat.
    • Advertisements
        o Partridge –v- Crittenden [1968]
              ▪ Protection of Birds Act 1954 – “Bramblefinch cocks and hens 25s each” not an offer.
    • Lack of objectivity
        o Gibson –v- Manchester City Council [1979]
              ▪ G invited to buy house. M invited application on “may be prepared to sell” basis. Not an offer.
    • Mere statement of price
        o Harvey –v- Facey [1893]
              ▪ Sale of Penn. H: “telegram lowest price”. F: “lowest acceptable £900”. Not an offer, merely statement.
    • Lots at Auction
        o Harris –v- Nickerson [1873]
              ▪ Furniture listed in catalogue, H hoped to buy. Items withdrawn. Advertising was invitation to treat, acceptance only at fall of hammer.
        o British Car Auctions –v- Wright [1972]
              ▪ Prosecution for selling unroadworthy car. No offer to sell at auction. Failed.

Not Invitation to Treat

    • Unilateral Offer
        o Carlill –c- Carbolic Smoke Ball Company [1893]
              ▪ Promise to pay £100 for unsuccessful usage in advert was an offer that could be accepted by anyone.
    • Statement of Price where offer is intended
        o Biggs –v- Boyd Gibbins [1971]
              ▪ B: “for a quick sale I will accept £26,000”. BG accepts and B affirms. There is an offer.
    • Competitive tendering
        o Spencer –v- Harding...