Harvey v Facey [1893] A.C. 552.
Facts: Harvey sends telegram to Facey asking 1) will F sell him Bumper Hall Pen (real estate) 2) telegraph lowest cash price. F replies only 2nd question, and when H accepts the price. F refuses to sell.
Issue: Is a statement of the minimum price at which a seller would sell an offer?
Rule: A mere statement of the minimum selling price is an invitation to treat and not an offer to sell
Analysis: since F only replied the 2nd question responding H about the minimum selling price, this response does not make up an offer and so there is no offer to which H is accepting.
Conclusion: Court holds that there has been no breach of contract for F refusing to sell to H.
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Facts: Harvey sends telegram to Facey asking 1) will F sell him Bumper Hall Pen (real estate) 2) telegraph lowest cash price. F replies only 2nd question, and when H accepts the price. F refuses to sell.
Issue: Is a statement of the minimum price at which a seller would sell an offer?
Rule: A mere statement of the minimum selling price is an invitation to treat and not an offer to sell
Analysis: since F only replied the 2nd question responding H about the minimum selling price, this response does not make up an offer and so there is no offer to which H is accepting.
Conclusion: Court holds that there has been no breach of contract for F refusing to sell to H.
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Interested in learning how to get the top grades in your law school classes? Want to learn how to study smarter than your competition? Interested in transferring to a high ranked school?
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