CASE NAME TOPIC FACTS POINT OF LAW
Gunthing v Lynn (1831) Offer Offeror promised to pay Offers must be firm and
an extra sum if the horse there must be a definite
was ‘lucky’ but this was intention to be bound by
too vague to be an offer the terms
so was not enforceable.
Harvey v Facey (1893) Offer Plaintiff perceived Offers must be
defendant’s preliminary distinguished from
information as an offer so preliminary information or
‘accepted’. When the invitations to treat.
defendant did not
respond, courts held that
his statement was not an
offer and he was therefore
not liable.
Fisher v Bell (1961) Offer Shopkeeper displayed Invitations to treat are
flick-knife on sale in shop made by the seller and the
window. Charged for offer is only made when a
offering it for sale under customer asks to buy it
the Offensive Weapons which can be accepted or
Act 1959. Conviction denied.
quashed as this was an
invitation to treat.
Pharmaceutical Society of Offer Under the Pharmacy and Invitations to treat are
Great Britain v Boots Cash Poisons Act certain drugs made by the seller and the
Chemist (1952) had to be sold under the offer is only made when a
supervision of a chemist. customer asks to buy it
Boots were charged with which can be accepted or
an offence as the chemist denied.
was at the self-checkouts,
however this was quashed
as the offer was only
made when the customer
was at the checkouts,
where a chemist was
situated to authorise the
sale.
Partridge v Crittenden Offer Plaintiff placed an advert Invitations to treat are
(1968) in a newspaper for birds made by the seller and the
for sale, but the birds offer is only made when a
were restricted from being customer asks to buy it
sold under the Protection which can be accepted or
of Birds Act 1954. denied.
Conviction quashed as this
was an invitation to treat,
not an offer.
Offer Company advertised their The exception to
Carlill v Carbolic Smoke flu treatment, with a £100 invitations to treat is when
Ball Co (1893) reward for taking the there has been specific
treatment and still actions showing the party
becoming ill. They tried to wished to be bound by
deny a claim from Carlill contract and/or when a
claiming the advert was an reasonable person would
invitation to treat. There expect the promise to be
was an exception, as they fulfilled.
had put money aside
, showing they wished to be
bound by contract and a
reasonable person would
expect the promise to be
fulfilled. They were held
liable and made to pay.
Payne v Cave (1789) Offer Claimant put his goods up At auctions, the bidder is
for sale, the defendant the one making the offer,
made the highest bid but to be accepted by the
then changed his mind auctioneer when the gavel
withdrawing his bid is hit. Adverts for products
before the hammer fell. are invitations to treat.
The claimant tried to
argue that a contract was
already in place and he
had to pay for the goods.
British Car Auctions v Offer Charged with trying to sell At auctions, the bidder is
Wright (1972) an unroadworthy vehicle, the one making the offer,
but conviction quashed as to be accepted by the
only an invitation to treat. auctioneer when the gavel
is hit. Adverts for products
are invitations to treat.
Gibson v Manchester City Offer Policy to sell council Important to know the
Council (1979) houses to their occupiers. exact moment an offer is
Gibson applied to buy his made and when it is just
house after receiving a an invitation to treat.
letter. Then policy
changed under labour
government so he
couldn’t buy it. It was held
that the letter was an
invitation to treat and not
an offer so there was no
contract.
Thornton v Shoe Lane Offer At parking machines the Important to know the
Parking Ltd (1972) machine makes an offer exact moment an offer is
which Thornton accepted made and when it is just
by taking the ticket. an invitation to treat, can
be more confusing with
technological advances.
Chapleton v Barry UDC Offer Exception to the rule that Exception to adverts being
(1940) adverts are invitations to invitations to treat
treat – advert for use of because the offer must
deck chairs was an offer, always come when there
accepted by Chapleton is still an opportunity to
when taking the chair and deny it.
sitting on it
Taylor v Laird (1856) Offer Ship’s captain retired for Offers must be
home journey, so he communicated effectively
worked as a ship hand. for them to be accepted
Company refused to pay and be bound in contract.
for his work as they were
unaware of his offer to be
a ship hand. Also refused
to pay wages for
outbound work as captain
, as had failed contractual
obligations by retiring part
way through.
Routledge v Grant (1828) Offer In the sale of a property, Revocation allowed in that
the offeree had 6 weeks to period as the offer had not
accept, but offeror been accepted
withdrew before the 6-
week period was up
Pickfords Ltd v Celestica Offer When negotiating offers With consecutive offers,
Ltd (2003) made consecutively where the second revokes the
disputed whether the first first
still stood
Byrne v Van Tienhoven Offer Negotiating via letters Postal rule applies to
(1880) between countries, revocation
offeree had accepted offer
before letter of revocation
could reach them, postal
rule applied so contract
was binding
Dickenson v Dodds (1876) Offer In the sale of a property, D Revocation via a reliable
informed P via a third third party is valid
party that the offer no
longer stood
Shuey v United States Offer The offer of a reward for When there has been a
(1875) catching a fugitive no reasonable effort to
longer stood when a revoke offer, this is valid
proclamation was made
revoking this in the same
way one had been made
to make the offer
Errington v Errington & Offer Father promised his son Ongoing actions cannot be
Woods (1952) and daughter in law his revoked.
house when he died
provided that they paid
the mortgage. As they did
this, the widow was
unable to revoke the offer
when he died.
Hyde v Wrench (1840) Offer House for sale for £1000, Counter offers can be
counteroffer of £950 was rejected and are not a sign
rejected of acceptance
Stevenson v McLean Offer Claimant inquired more Counter offers and
(1880) information from D’s offer preliminary information
so this was not a counter should be distinguished
offer but preliminary
information, so when he
accepted it was binding
Financing Ltd v Stimson Offer Car in the process of being Failure of condition means
1962 bought was damaged offers are invalid if the
before exchange, the offer condition of the product
was therefore no longer in changes from when the
place based on failure of offer is made
the condition of the
product being the same
from when the offer was
made
, Ramsgate Victoria Hotel v Offer Offer for shares made in Offers lapse after an
Montefoire (1866) June, accepted in unreasonable amount of
November but offer had time has passed since it
lapsed due to was made with no
unreasonable delay acceptance
Daulia Ltd v Four Mill bank Acceptance Claimant was promised a Acceptance can be by
Nominees Ltd (1978) written contract after conduct, even the smallest
transferring a deposit, performance may amount
defendants refused but to acceptance.
performance had begun
so contract valid.
Brogden v Metropolitan Acceptance P supplied coal to railway Conduct can result as
Company (1877) for years without contract, acceptance and make
railway company sent a contract binding.
draft written contract
when he requested to
which P made
amendments and
returned approved as
amended. Company took
no further action and did
not sign the contract, but
P continued to supply
railway. Company later
denied there was a
contract but HOL held
there was as conduct had
been acceptance.
Yates v Pulleyn (1975) Acceptance Offeree sent acceptance in Exception for prescribed
ordinary post when acceptance is when there
prescribed acceptance is no detriment to the
required ‘registered or offeror for acceptance to
recorded delivery post’. As be in another form and
this had no detriment to there would be detriment
the offeror it was valid for offeree to send
acceptance. acceptance in prescribed
form.
Entores v Miles Far East Acceptance Dutch company accepted Burden of communicating
Corp (1955) offer via telex from English acceptance is on the
company. Dispute over offeree. For instantaneous
when moment of communications the
acceptance was for postal rule does not apply
instantaneous and moment of
communications as this acceptance is upon
would affect if case was receiving.
decided under English or
Dutch law. Held that the
postal rule did not apply
for instantaneous
communications so
acceptance was upon
receival and contract was
formed in England.
Felthouse v Bindley (1863) Acceptance Discussions about Silence is never
purchase of a horse. acceptance.
Dispute over whether
Gunthing v Lynn (1831) Offer Offeror promised to pay Offers must be firm and
an extra sum if the horse there must be a definite
was ‘lucky’ but this was intention to be bound by
too vague to be an offer the terms
so was not enforceable.
Harvey v Facey (1893) Offer Plaintiff perceived Offers must be
defendant’s preliminary distinguished from
information as an offer so preliminary information or
‘accepted’. When the invitations to treat.
defendant did not
respond, courts held that
his statement was not an
offer and he was therefore
not liable.
Fisher v Bell (1961) Offer Shopkeeper displayed Invitations to treat are
flick-knife on sale in shop made by the seller and the
window. Charged for offer is only made when a
offering it for sale under customer asks to buy it
the Offensive Weapons which can be accepted or
Act 1959. Conviction denied.
quashed as this was an
invitation to treat.
Pharmaceutical Society of Offer Under the Pharmacy and Invitations to treat are
Great Britain v Boots Cash Poisons Act certain drugs made by the seller and the
Chemist (1952) had to be sold under the offer is only made when a
supervision of a chemist. customer asks to buy it
Boots were charged with which can be accepted or
an offence as the chemist denied.
was at the self-checkouts,
however this was quashed
as the offer was only
made when the customer
was at the checkouts,
where a chemist was
situated to authorise the
sale.
Partridge v Crittenden Offer Plaintiff placed an advert Invitations to treat are
(1968) in a newspaper for birds made by the seller and the
for sale, but the birds offer is only made when a
were restricted from being customer asks to buy it
sold under the Protection which can be accepted or
of Birds Act 1954. denied.
Conviction quashed as this
was an invitation to treat,
not an offer.
Offer Company advertised their The exception to
Carlill v Carbolic Smoke flu treatment, with a £100 invitations to treat is when
Ball Co (1893) reward for taking the there has been specific
treatment and still actions showing the party
becoming ill. They tried to wished to be bound by
deny a claim from Carlill contract and/or when a
claiming the advert was an reasonable person would
invitation to treat. There expect the promise to be
was an exception, as they fulfilled.
had put money aside
, showing they wished to be
bound by contract and a
reasonable person would
expect the promise to be
fulfilled. They were held
liable and made to pay.
Payne v Cave (1789) Offer Claimant put his goods up At auctions, the bidder is
for sale, the defendant the one making the offer,
made the highest bid but to be accepted by the
then changed his mind auctioneer when the gavel
withdrawing his bid is hit. Adverts for products
before the hammer fell. are invitations to treat.
The claimant tried to
argue that a contract was
already in place and he
had to pay for the goods.
British Car Auctions v Offer Charged with trying to sell At auctions, the bidder is
Wright (1972) an unroadworthy vehicle, the one making the offer,
but conviction quashed as to be accepted by the
only an invitation to treat. auctioneer when the gavel
is hit. Adverts for products
are invitations to treat.
Gibson v Manchester City Offer Policy to sell council Important to know the
Council (1979) houses to their occupiers. exact moment an offer is
Gibson applied to buy his made and when it is just
house after receiving a an invitation to treat.
letter. Then policy
changed under labour
government so he
couldn’t buy it. It was held
that the letter was an
invitation to treat and not
an offer so there was no
contract.
Thornton v Shoe Lane Offer At parking machines the Important to know the
Parking Ltd (1972) machine makes an offer exact moment an offer is
which Thornton accepted made and when it is just
by taking the ticket. an invitation to treat, can
be more confusing with
technological advances.
Chapleton v Barry UDC Offer Exception to the rule that Exception to adverts being
(1940) adverts are invitations to invitations to treat
treat – advert for use of because the offer must
deck chairs was an offer, always come when there
accepted by Chapleton is still an opportunity to
when taking the chair and deny it.
sitting on it
Taylor v Laird (1856) Offer Ship’s captain retired for Offers must be
home journey, so he communicated effectively
worked as a ship hand. for them to be accepted
Company refused to pay and be bound in contract.
for his work as they were
unaware of his offer to be
a ship hand. Also refused
to pay wages for
outbound work as captain
, as had failed contractual
obligations by retiring part
way through.
Routledge v Grant (1828) Offer In the sale of a property, Revocation allowed in that
the offeree had 6 weeks to period as the offer had not
accept, but offeror been accepted
withdrew before the 6-
week period was up
Pickfords Ltd v Celestica Offer When negotiating offers With consecutive offers,
Ltd (2003) made consecutively where the second revokes the
disputed whether the first first
still stood
Byrne v Van Tienhoven Offer Negotiating via letters Postal rule applies to
(1880) between countries, revocation
offeree had accepted offer
before letter of revocation
could reach them, postal
rule applied so contract
was binding
Dickenson v Dodds (1876) Offer In the sale of a property, D Revocation via a reliable
informed P via a third third party is valid
party that the offer no
longer stood
Shuey v United States Offer The offer of a reward for When there has been a
(1875) catching a fugitive no reasonable effort to
longer stood when a revoke offer, this is valid
proclamation was made
revoking this in the same
way one had been made
to make the offer
Errington v Errington & Offer Father promised his son Ongoing actions cannot be
Woods (1952) and daughter in law his revoked.
house when he died
provided that they paid
the mortgage. As they did
this, the widow was
unable to revoke the offer
when he died.
Hyde v Wrench (1840) Offer House for sale for £1000, Counter offers can be
counteroffer of £950 was rejected and are not a sign
rejected of acceptance
Stevenson v McLean Offer Claimant inquired more Counter offers and
(1880) information from D’s offer preliminary information
so this was not a counter should be distinguished
offer but preliminary
information, so when he
accepted it was binding
Financing Ltd v Stimson Offer Car in the process of being Failure of condition means
1962 bought was damaged offers are invalid if the
before exchange, the offer condition of the product
was therefore no longer in changes from when the
place based on failure of offer is made
the condition of the
product being the same
from when the offer was
made
, Ramsgate Victoria Hotel v Offer Offer for shares made in Offers lapse after an
Montefoire (1866) June, accepted in unreasonable amount of
November but offer had time has passed since it
lapsed due to was made with no
unreasonable delay acceptance
Daulia Ltd v Four Mill bank Acceptance Claimant was promised a Acceptance can be by
Nominees Ltd (1978) written contract after conduct, even the smallest
transferring a deposit, performance may amount
defendants refused but to acceptance.
performance had begun
so contract valid.
Brogden v Metropolitan Acceptance P supplied coal to railway Conduct can result as
Company (1877) for years without contract, acceptance and make
railway company sent a contract binding.
draft written contract
when he requested to
which P made
amendments and
returned approved as
amended. Company took
no further action and did
not sign the contract, but
P continued to supply
railway. Company later
denied there was a
contract but HOL held
there was as conduct had
been acceptance.
Yates v Pulleyn (1975) Acceptance Offeree sent acceptance in Exception for prescribed
ordinary post when acceptance is when there
prescribed acceptance is no detriment to the
required ‘registered or offeror for acceptance to
recorded delivery post’. As be in another form and
this had no detriment to there would be detriment
the offeror it was valid for offeree to send
acceptance. acceptance in prescribed
form.
Entores v Miles Far East Acceptance Dutch company accepted Burden of communicating
Corp (1955) offer via telex from English acceptance is on the
company. Dispute over offeree. For instantaneous
when moment of communications the
acceptance was for postal rule does not apply
instantaneous and moment of
communications as this acceptance is upon
would affect if case was receiving.
decided under English or
Dutch law. Held that the
postal rule did not apply
for instantaneous
communications so
acceptance was upon
receival and contract was
formed in England.
Felthouse v Bindley (1863) Acceptance Discussions about Silence is never
purchase of a horse. acceptance.
Dispute over whether
