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Questions and Answers
According to Lord Parker CJ, what is the legal status of displaying an article with a price in a shop window?
According to Lord Parker CJ, what is the legal status of displaying an article with a price in a shop window?
In PSGB v Boots (1953), what did the Court of Appeal rule about the sale of drugs in the defendants' self-service shop?
In PSGB v Boots (1953), what did the Court of Appeal rule about the sale of drugs in the defendants' self-service shop?
How did Somervell LJ describe the completion of a contract in comparison to an ordinary shop where goods are displayed?
How did Somervell LJ describe the completion of a contract in comparison to an ordinary shop where goods are displayed?
In Partridge v Crittenden (1968), what did Lord Parker CJ argue about advertisements for wild birds?
In Partridge v Crittenden (1968), what did Lord Parker CJ argue about advertisements for wild birds?
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According to Lord Herschell in Grainger v Gough (Surveyor of Taxes) AC 325, what is not constituted by a price list?
According to Lord Herschell in Grainger v Gough (Surveyor of Taxes) AC 325, what is not constituted by a price list?
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In which case did Lord Parker CJ quash a conviction for offering certain wild birds for sale?
In which case did Lord Parker CJ quash a conviction for offering certain wild birds for sale?
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What was considered as consideration in the case of Carlill v Carbolic Smoke Ball Co (1893)?
What was considered as consideration in the case of Carlill v Carbolic Smoke Ball Co (1893)?
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Why was the defendant's advertisement in Carlill v Carbolic Smoke Ball Co (1893) not considered too vague?
Why was the defendant's advertisement in Carlill v Carbolic Smoke Ball Co (1893) not considered too vague?
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In Harvey v Facey (1893), why was the defendant's telegram not considered an offer?
In Harvey v Facey (1893), why was the defendant's telegram not considered an offer?
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Why did the magistrates' court decline to convict the shopkeeper in FISHER v BELL (1961) for displaying the flick knife?
Why did the magistrates' court decline to convict the shopkeeper in FISHER v BELL (1961) for displaying the flick knife?
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What did the plaintiffs' second telegram in Harvey v Facey (1893) constitute according to the court?
What did the plaintiffs' second telegram in Harvey v Facey (1893) constitute according to the court?
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What was considered an indication of sincerity by the defendant company in Carlill v Carbolic Smoke Ball Co (1893)?
What was considered an indication of sincerity by the defendant company in Carlill v Carbolic Smoke Ball Co (1893)?
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Study Notes
Invitations to Treat vs. Offers
- According to Lord Parker CJ, a display of an article with a price on it in a shop window is merely an invitation to treat, not an offer for sale.
- In PSGB v Boots (1953), the Court of Appeal ruled that a self-service shop's display of goods is not an offer for sale, but rather an invitation to treat.
Completion of a Contract
- A contract is completed when the seller accepts an offer, as stated by Somervell LJ in Partridge v Crittenden (1968).
- In an ordinary shop, goods are displayed, but a contract is not formed until the seller accepts the buyer's offer.
Advertisements and Offers
- Lord Parker CJ argued that advertisements should be interpreted as invitations to treat, not sales, as seen in Partridge v Crittenden (1968).
- A price list does not constitute an offer to supply unlimited quantities of a specific item, as stated by Lord Herschell in Grainger v Gough (Surveyor of Taxes) AC 325.
Carlill v Carbolic Smoke Ball Co (1893)
- The defendant company offered to pay £100 to a person who used their 'smokeball' as advertised and deposited £1,000 to show sincerity.
- Mrs. Carlill used the smokeball as advertised, contracted influenza, and claimed the £100 reward.
- The court ruled that the actual act of sniffing the smokeball was considered consideration.
Harvey v Facey (1893)
- The plaintiffs sent a telegram to the defendant asking for the lowest cash price for Bumper Hall Pen, and the defendant replied with a price of £900.
- The plaintiffs telegraphed their acceptance, but the court ruled that the defendant's reply was not an offer, but rather an indication of the minimum price they would accept.
Fisher v Bell (1961)
- A shopkeeper displayed a flick knife with a price tag in the window, which was illegal under the Restriction of Offensive Weapons Act 1959.
- The shopkeeper was prosecuted, but the court ruled that the display of the knife was not an offer for sale, as it was merely an invitation to treat.
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Description
Explore the landmark case of Carlill v Carbolic Smoke Ball Co (1893) where the defendant company offered a reward for using their product. Learn about the arguments presented by both parties and the court's decision in this significant contract law case.
