Contract Law
Offer and Acceptance
1. Invitation to Treat
* Goods Displayed on Shelves
Pharmaceutical Society of GB –v- Boots Cash Chemists [1953]
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
Fisher –v- Bell [1961]
Offensive Weapons Act 1959 – sale of prohibited weapons. Failed as display was not sale, rather invitation to treat.
Advertisements
Partridge –v- Crittenden [1968]
Protection of Birds Act 1954 – “Bramblefinch cocks and hens 25s each” not an offer.
Lack of objectivity
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
Harvey –v- Facey [1893]
Sale of Penn. H: “telegram lowest price”. F: “lowest acceptable £900”. Not an offer, merely statement.
Lots at Auction
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 Items withdrawn.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.
British Car Auctions –v- Wright [1972]
Prosecution for selling unroadworthy car. No offer to sell at auction. Failed.
Not Invitation to Treat
Unilateral Offer
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
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
Spencer –v- Harding [1870]
Invitation to submit tenders is not an offer to sell to highest bidder.
BUT: Harvela Investments –v- Royal Trust of Canada [1986]
Advert stipulated sale to highest bidder. Lowest bidder stated $2,100,000 or £101,000 in...