Friday, December 14, 2012

Harvey v Facey case brief

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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