Loading...

Messages

Proposals

Stuck in your homework and missing deadline? Get urgent help in $10/Page with 24 hours deadline

Get Urgent Writing Help In Your Essays, Assignments, Homeworks, Dissertation, Thesis Or Coursework & Achieve A+ Grades.

Privacy Guaranteed - 100% Plagiarism Free Writing - Free Turnitin Report - Professional And Experienced Writers - 24/7 Online Support

Harvey v facey 1893 case summary

25/10/2021 Client: muhammad11 Deadline: 2 Day

For My Law Homework Make Up Question

“An expression of willingness to contract on certain terms, made with the intention that it shall become binding as soon as it is accepted by the person to whom it is addressed.”

Treitel

Carlill v Carbolic Smoke Ball Company [1893]

CSB made a product that they claimed would keep the flu away from anyone who took it. They published it in the papers claiming that anyone who got the flu after taking it would be rewarded with £100.

Mrs. Carlill claimed that she got the flu, but CSB refused to pay, so she sued for breach of contract.

Ruling: Usually, acceptance must be communicated, but one who makes a unilateral offer for the sale of goods by means of an advertisement impliedly waives notification of acceptance if his purpose is to sell as much product as possible

Powell v Lee (1908):

P applied for job and received informal acceptance from a board member. After the board changed its mind, P sued the school.

R v Clarke (1927)

Reward "for such information as shall lead to the arrest and conviction of the person or persons who committed the murders“

Held: Necessary to act in "reliance on" an offer in order to accept it

Bloom v American Swiss Watch Co. (1915)

The claimant gave evidence to the authorities which led to the arrest of some jewel thieves. He then discovered that the defendant had previously advertised a reward for such information. The defendant refused payment.
Held: the defendant was not legally obliged to pay as no contract to do so existed between the parties, since the offer of the reward had not been communicated to the claimant prior to his giving the information
Williams v Carwardine (1833)
Mrs. Carwardine’s husband was murdered, so she offered a reward of £20 for whomever would give information that would lead to the arrest and conviction of the murderers. Mrs. Williams knew about the reward, but did not say anything about her husband being the murderer until he savagely beat her.
Mrs. C refused to pay, stating that Mrs. W’s reason for giving evidence was not for the reward, but for revenge
A vague offer cannot be accepted

Loftus v Roberts (1902) – “salary to be arranged”

Scammel v Ousten (1941) – no certainty as to the terms of the agreement

An agreement to make an agreement or an agreement to negotioate at a later date will not constitute a valid contract. It will be void ab initio (void from the beginning/never existed):

Walford v Miles (1992)

Gibson v Manchester City Council (1979)

Invitation to treat - invitation for others to make an offer

Public Advertisements – Partidge v Crittenden (1968)
Goods in a shop window – Fisher v Bell (1961)
Goods on a shelf – Timothy v Simpson (1834)
Offer can be withdrawn at any time before acceptance, but it MUST be communicated to the offeree before acceptance

Byrne v Van Tienhoven (1880)

1st October – V posted letter offering goods for sale

8th October – V revoked the offer, which arrived on 20th Oct.

11th October – B accepted offer

15 October – B posted letter confirming acceptance

Payne v Cave (1789) – auction is invitation to treat until hammer goes down
Buyers & Auctioneers
Warlow v Harrison (1859) – Owner made highest bid to “win” auction to prevent underselling. There was a breach of contract between auctioneer and highest bona fide bidder, therefore the plaintiff has the right of action against the auctioneer.
Barry v Davies [2000] – A “without reserve” auction cannot be cancelled because of low bid
Buyers & Sellers
McGowan & Co. v Gomes [1891-93] L.R.B.G. 171

Facts: A merchant’s stock was offered for sale in an advertisement headed “highest offer gets it” and in which tenders were invited. The Plaintiff made a tender; the defendants refused to sell at the price tendered, there being only one tender.
Held: The advertisement constituted an offer to sell, and there being no condition in the advertisement that there should be more than one offer, the plaintiff’s tender was an acceptance which bound the defendant.
Situations where the revocation of an offer does not need to be communicated to the offeree

Where offers are made to the world at large

Where communication does not occur because of the offeree’s conduct; e.g., changing address or receiving mail but not reading it

An acceptance is a final and unqualified assent to the terms of an offer

Acceptance Rules

Acceptance must be unconditional

A counter-offer is not an acceptance

Acceptance must be communicated

Prohibits an offeree from changing the terms of that offer
Counter-Offer negates initial offer
Hyde v Wrench (1840)

W offered to sell a farm to H for 1000. H offered to pay 950, but W rejected the offer. H then agreed to pay the 1000, but W refused to sell him the farm

Stevenson, Jaques, & Co. v McLean [1880]

However, a request for more information is not a counter-offer.

Cannot form basis of contract even though party to whom made may have acted upon it.

Re Fickus (1900)

Supply of information cannot amount to an offer

Harvey v Facey (1893)

H: "Will you sell us Bumper Hall Pen? Telegraph lowest cash price-answer paid;"

F: "Lowest price for Bumper Hall Pen £900."

H:"We agree to buy Bumper Hall Pen for the sum of nine hundred pounds asked by you.

"Frequently an offeree, while making a positive acceptance of the offer, also makes a request or suggestion that some addition or modification be made. So long as it is clear that the meaning of the acceptance is positively and unequivocally to accept the offer whether such request is granted or not, a contract is formed."

Masters v Cameron (1954) [Australian] – Initial judgment suggested a contract, but was reversed on appeal.
Ardente v Horan (1976) [American]
Acceptance must be according to method unless it does not disadvantage offerer and gets there in the same amount of time as the prescribed method – Yates v Pulleyn (1975): Ordinary post instead of recorded

Silence is not acceptance

Silence is not acceptance – Felthouse v Bindley (1862): “If I hear no more from him, I consider the horse mine…”
Acceptance must actually be communicated: “receipt rule” – Adams v Lindsell (1818)

2nd September – Offer letter to sell goods asking for “reply in the post”
5th September – Offer received and acceptance sent
9th September – Acceptance received, but goods were sold on the 8th
Courts: Binding contract

Effective communication of acceptance by letter, is on posting… until

Entores Ltd. v Miles Far East Corp. [1955]

The contract is only complete when the acceptance is received by the offeror.

Homework is Completed By:

Writer Writer Name Amount Client Comments & Rating
Instant Homework Helper

ONLINE

Instant Homework Helper

$36

She helped me in last minute in a very reasonable price. She is a lifesaver, I got A+ grade in my homework, I will surely hire her again for my next assignments, Thumbs Up!

Order & Get This Solution Within 3 Hours in $25/Page

Custom Original Solution And Get A+ Grades

  • 100% Plagiarism Free
  • Proper APA/MLA/Harvard Referencing
  • Delivery in 3 Hours After Placing Order
  • Free Turnitin Report
  • Unlimited Revisions
  • Privacy Guaranteed

Order & Get This Solution Within 6 Hours in $20/Page

Custom Original Solution And Get A+ Grades

  • 100% Plagiarism Free
  • Proper APA/MLA/Harvard Referencing
  • Delivery in 6 Hours After Placing Order
  • Free Turnitin Report
  • Unlimited Revisions
  • Privacy Guaranteed

Order & Get This Solution Within 12 Hours in $15/Page

Custom Original Solution And Get A+ Grades

  • 100% Plagiarism Free
  • Proper APA/MLA/Harvard Referencing
  • Delivery in 12 Hours After Placing Order
  • Free Turnitin Report
  • Unlimited Revisions
  • Privacy Guaranteed

6 writers have sent their proposals to do this homework:

Professor Smith
Professional Accountant
Online Assignment Help
Essay Writing Help
Top Class Engineers
Accounting & Finance Specialist
Writer Writer Name Offer Chat
Professor Smith

ONLINE

Professor Smith

I have worked on wide variety of research papers including; Analytical research paper, Argumentative research paper, Interpretative research, experimental research etc.

$19 Chat With Writer
Professional Accountant

ONLINE

Professional Accountant

I am an elite class writer with more than 6 years of experience as an academic writer. I will provide you the 100 percent original and plagiarism-free content.

$50 Chat With Writer
Online Assignment Help

ONLINE

Online Assignment Help

I have assisted scholars, business persons, startups, entrepreneurs, marketers, managers etc in their, pitches, presentations, market research, business plans etc.

$21 Chat With Writer
Essay Writing Help

ONLINE

Essay Writing Help

I am an experienced researcher here with master education. After reading your posting, I feel, you need an expert research writer to complete your project.Thank You

$48 Chat With Writer
Top Class Engineers

ONLINE

Top Class Engineers

I have read your project details and I can provide you QUALITY WORK within your given timeline and budget.

$30 Chat With Writer
Accounting & Finance Specialist

ONLINE

Accounting & Finance Specialist

I reckon that I can perfectly carry this project for you! I am a research writer and have been writing academic papers, business reports, plans, literature review, reports and others for the past 1 decade.

$23 Chat With Writer

Let our expert academic writers to help you in achieving a+ grades in your homework, assignment, quiz or exam.

Similar Homework Questions

Iot based smart home ppt - ((gIrL-BoY+91-9829644411) Love Vashikaran Specialist Molvi Ji. In Ajmer - Kouzes and posner pdf - What is a dot on stuffdot - Commando skill crossword clue - Sentence starters for evidence - Prepare an adjusted trial balance - Hamric and hanson's advanced practice nursing 6th edition apa citation - Discussion: Mission Area Goals—Capabilities and Elements - Introduction to java programming pdf daniel liang - Used to carry crockery - Fresh cook food production system - What is a metaparadigm of nursing - Rhetorical criticism sonja foss pdf - Mission - Difference between bcp and drp pdf - Yellow purple orange gold resistor - Cherry pink and apple blossom white musical ideas - International Foods Case Study - Sociology how do people in america today define poverty? - Social ventures australia salary - Robert b marks origins of the modern world pdf - Week 2 discussion bio2070 microbiology su01 - Where do squids live in the ocean - Specialist engineering plastics plc - Epic hero story examples - E but 2 ene - +971561686603 Abortion pills in Dubai/Abu Dhabi-mifepristone & misoprostol in DUBAI - A package of mass m is released from rest - Johns hopkins mission vision values - Philosophy midterm paper - I want someone to help me in a programming task - Dafne carbohydrate portion list - Hope by lisel mueller - Paulo Case Scenario: Independent Living Mini Unit - The volume of a spherical hot air balloon - Nurs 4455 financial management case study - Physics - Clark golder golder comparative politics - Planning for the future: The virtual workplace - DB1 - Themes in the odyssey - Http faculty washington edu herronjc softwarefolder allelea1 html - Economics a level syllabus - 7 short bonus assignments from CGS 1060:Introduction to Computer Technology and applications - Which model of abnormality do you agree with most? - Investigating the social world 7th edition - Advantages of triangular wave generator - Shell32 dll 21815 - Describe the city of omelas - Peter satouris peters of kensington - Average wine glass height - Microscope diagram with labels - Person vs society definition - Order 2584122: Shaping School Culture - Unit 2 Principles of Microeconomics - What is knowledge push innovation - Computer networks tanenbaum chapter 1 ppt - Case study - Charles kingsford smith achievements - Oxalic acid sodium hydroxide - Compute the total overhead cost applied to job 127 - Company recycling policy template - Geology Projects 5 & 6 - Information Governance Research paper 1 - Tri component model of attitude - Techniques of Data Analysis 8381 - Write a small moment story - Word cookies crouton 3 - Environmental Pollution Presentation - OE W 6 A - Tennant street surgery stockton on tees - Tangent function graph calculator - Costco business model analysis - Perth 4wd show exhibitors - What's next in this sequence 4 8 16 32 64 - Fundamental methods of mathematical economics - Discussion #5 - 521 Board Discussion week 6 - Explain the fair approach to evaluating ethical business communications - Carrefour sa case study solution - Common language runtime support - Fish cheeks by amy tan summary - Account - What is an episodic soap note - Https www irs gov pub irs pdf f1040sc pdf - Ms groves has trays of paints for students - Ge mckinsey nine cell matrix - Analysis of the other wes moore - Contrast repetition alignment proximity - Html and css lab exercises - Effective Communication in Intimate Relationships - Another word for family - Loop & rcd tester - Bjarni herjolfsson birth and death - HR-Discussion 1 - Proozy sustainability - Biblical allusions in hamlet - Lambda air fuel ratio chart - Finance Paper