Business Law Cases Summary
Offer ( Topic 3) Is a proposal the acceptance of which establishes the existence of an agreement. It shows a promissory intent. In other words, it is a promise to do or refrain from doing something. - Usually upon condition that the other party agrees to do or refrain from doing something else in return. - Harvey v. Facey Harvey sent to Facey a telegram to buy Bumper Hall Pen. He asks Facey to telegram the lowest price. Facey telegram the lowest cash price £900. Harvey says agree to buy for £900. Principle: Offer is more than a mere supply of information - Offer must show promissory intent - Australian Wooden Mills v Commonwealth in where the government ”offer” did not ask anything in the return - Offer is not Invitation to treat and must be distinguished from ITT
Invitation to Treat Is an action by one party which may appear to be a contractual offer but which is actually inviting others to make an offer of their own.
Invitation to treat lacks of promissory intent
1. Boots Case (Pharmaceutical Society of Great Britain v. Boots Cash Chemists (Southern) Ltd) Self service
PS sued Boots cash for breach of pharmacy and poison act by selling certain poison not under supervision of registered pharmacist as boots cash is a pharmacy in a self service basis. However, there is one registered pharmacist in the cashier check out point. Principle: In the self service system, the offer is made by customer at the checkout point of sales while the acceptance is made by the cashier at the checkout point of sales as well.
2. Fisher v. Bell Shop Window
Bell selling the flick knife which is showed in the window displayed. Bell was sued for offering the knife which is prohibited at that time by statute. Principle: The display of an article with a price on it in a hop window is merely an invitation to treat.
ITT can be an offer if: - Show promissory intent - Limited to who can accept - Limited to what can be
Invitation to Treat Is an action by one party which may appear to be a contractual offer but which is actually inviting others to make an offer of their own.
Invitation to treat lacks of promissory intent
1. Boots Case (Pharmaceutical Society of Great Britain v. Boots Cash Chemists (Southern) Ltd) Self service
PS sued Boots cash for breach of pharmacy and poison act by selling certain poison not under supervision of registered pharmacist as boots cash is a pharmacy in a self service basis. However, there is one registered pharmacist in the cashier check out point. Principle: In the self service system, the offer is made by customer at the checkout point of sales while the acceptance is made by the cashier at the checkout point of sales as well.
2. Fisher v. Bell Shop Window
Bell selling the flick knife which is showed in the window displayed. Bell was sued for offering the knife which is prohibited at that time by statute. Principle: The display of an article with a price on it in a hop window is merely an invitation to treat.
ITT can be an offer if: - Show promissory intent - Limited to who can accept - Limited to what can be