Harvey vs Facey.
Harvey sent a telegram to Facey starting ‘Will you sell us Bumper Hall Pen? Telegraph lowest price’. Face replied, “ Lowest price 900 POUND. Harvey telegraphed back, “ We agree to buy for 900 Pound.’ Face declined to sell and Harvey brought the matter to court.
The court held that Facey’s reply was not an offer to sell for 900Pound but was only merely furnishing information which later may or may not be used in negotiations leading to sale.
Patridge vs Crittenden
Patridge inserted an advertisement in a magazine for caged bird enthusiasts starting that he had finches for sale at 25 pounds each. Partridge was prosecuted and convicted for selling illegal birds. The court held that the advertisement was not an offer but merely an invitation to treat. Therefore, he is not guilty of the offence.
Pharmaceutical Society of Great Britain vs Boots Cash Chemicals Ltd
It was held that goods on the shelves are an invitation to treat and the offer occurs at the counter, at which point the customer offers to buy a certain good for a certain price and cashier either choose to accept or reject the offer. (The pharmaceutical society blame the store for not placing the pharmacist at the shelve but at the cashier.)
The shop is selling the medication. The rule is that if you want to sell a illegal drug, the shop must sell the medicine under the supervision of pharmacist. The pharmacist should judge whether the customer can buy the medicine or not.
M & J Frozen Food Sdn Bhd & Anor v Siland Sdb Bhd
It was held that bids are offers and the striking of the hammer means acceptance. Than the person bidding is the offeror and the auctioneer is the offeree.
Aunty Lim entered Sooperdooper Supermaket and put the following item in her trolley: soap, breakfast cereal, shampoo, vegetables and coffee. Suddenly she discovered she had left her purse at home. She quickly put the goods back on the shelf when the store manager, who...
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