Case Examples

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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 Items withdrawn.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 [1870]...
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