Skip to main content

Case laws related to offer in contract

 Case laws related to offer in contract


Carlill v. Carbolic smoke ball co.

A company named carbolic smoke ball company used to sell a product named carbolic smoke balls and guaranteed that Consumption of the smoke balls three times daily for two weeks that person will not catch influenza by any chance. And if anybody after consuming the carbolic smoke balls in the prescribed manner catches influenza the company would pay him/her an amount of hundred euros and to make people believe about the reward system they had deposited thousand euros in public bank

The Plaintiff  used the small balls as prescribed but still ended up catching the flu and thus demanded for the reward.

The company straightaway declined to give the reward as they said there was an offer from their side but there was no acceptance so there was no contract

The court held that when the plaintiff completed the conditions in the advert, she provided acceptance and thus forming a contract. There was general offer and acceptance by the conduct of plaintiff .


In the case of Tinn v. Hoffman

In this case Mr.Tinn as well as Mr.hoffman made and offer to Each other and the offer was of similar kind but it won’t amount to contract as there were only cross offers and no acceptance.


Hyde v. Wrench

Defendant offered the plaintive to sell his farm for $1200 but the plaintive declined the offer

Defendant again made an offer to sell his farm but this time the amount was £1000 ,Hyde declined the offer

Hyde then made an counter offer to the defendant and asked him to sell it for £950

Hyde agreed to buy the farm for £1000 without any additional agreement from wrench , but wrench refused to sell the farm.

Hyde approach the court for the same that defendant had offered him to sell the farm for £1000 but now is declining to sell.

The court held that as soon as a counter offer was made all the offer previously made cannot be counted it is automatically declined.

Harvey v. Facey

In this case the offer was made on an online platform named telegram. Harvey communicated with the defendant about all pen the message was as follows “ Will you sell us bumper Hall pen? Telegram lowest cash price answer per”

The same day the plaintive replied to the message received that the price of the pen is £ 900

The appellant replied “ we agree to buy Bumper hall pen for the sum of £900 asked by you. Please send us your title deed in order that we may get early possession.

The defendant declined to sell the pen for £900 as the reply he made just was an answer to the lowest cash on telegram but didn’t agreed to sell the pen for that amount

This would amount to invitation to offer


Pharmaceutical Society of Great Britain versus boots cash chemist Ltd

It was held in this case was the price tag displayed on the product or attached to the product in a store amounts to invitation to offer.

Das, the shopkeeper has the right to accept or reject the same and the contract would only rise when the offer is accepted.
Labels:

Comments

Post a Comment

Popular posts from this blog

Concept of constitutionalism

  Concept of constitutionalism Who Started Constitutionalism? John Locke - The English Bill of Rights is a foundational constitutional document that helped inspire the American Bill of Rights. Political theorist  John Locke  played a huge role in cementing the philosophy of constitutionalism.  Constitution is a written law which describes the structure of Government, the rules according to which the Govt. must work and the boundaries within which the Govt. must work. Constitutionalism   can be defined as the doctrine that governs the legitimacy of government action, and it implies something far more important than the idea of legality that requires official conduct to be in accordance with pre-fixed legal rules. Constitution constitution is the document that contains the basic and fundamental law of the nation, setting out the organization of the government and the principles of the society. Basic norm (or law) of the state; System of integration and organi...
Post a Comment
Read more

business tips

1. Have a clear vision for your business and strive to achieve it. 2. Hire great people and give them ownership in the company. 3. Provide excellent customer service. 4. Establish yourself as an expert in your field. 5. Develop relationships with key suppliers, customers, and partners. 6. Keep track of your finances and invest in marketing and innovation. 7. Utilize digital platforms to reach a larger audience. 8. Take calculated risks and back yourself. 9. Continuously strive to improve your products and services. 10. Make customer satisfaction your priority.
Post a Comment
Read more

Effects of Non-Registration

 Effects of Non-Registration The Companies Act, 2013 evidently highlights that the main essential for any organization to turn into a company is to get itself registered. A company cannot come into existence until it gets registered. But no such obligation has been imposed for firms by the Indian Partnership Act, 1932. If a firm is not registered it does not cease to be called as a firm, it still exists in the eyes law. Certainly, such a big advantage is not absolute but is subjected to a lot of limitations which we will study further. Non-registration of a firm simply means that the business skips the formalities of incorporation and ceases to exist in the eyes of the law. section 58 of the Indian Partnership Act, 1932 deals with the procedure of incorporation. Likewise, the meaning of non-registration is the exact opposite of registration, meaning when a firm does not go through the procedure of incorporation or start carrying on activities without getting registered. Effects of ...
Post a Comment
Read more