12 Questions
What was the key issue in the Carlill v Carbolic Smoke Ball Co case?
Whether the manufacturer's advertisement constituted a valid contract offer
In the Fisher v Bell case, what was the legal principle that the court relied on to find that the shopkeeper had not 'offered for sale' the flick knife?
A shop window display is considered an 'invitation to treat' rather than an offer for sale
In the Carlill v Carbolic Smoke Ball Co case, what was the significance of the £1000 bank deposit made by the manufacturer?
It demonstrated the manufacturer's sincerity in making the offer in the advertisement
What was the key factual difference between the Carlill v Carbolic Smoke Ball Co case and the Fisher v Bell case?
Carlill involved the purchase and use of a product, while Fisher involved merely displaying a product
In the Carlill v Carbolic Smoke Ball Co case, what was the court's rationale for rejecting the manufacturer's argument that there was no enforceable contract because Mrs Carlill had not notified the company of her acceptance?
The court held that no notification of acceptance was required under the terms of the advertisement
What was the key legal principle established in the Fisher v Bell case regarding the interpretation of statutes?
Statutes should be interpreted strictly and narrowly to avoid criminalizing otherwise lawful conduct
In the Boots Cash Chemists case, what was the key legal issue regarding the display of goods on the shop shelves?
The display of goods was considered an invitation to treat, and the acceptance occurred at the cash desk in the presence of the qualified pharmacist.
In the context of tenders, what is the effect of the wording used in the invitation to tender regarding the quantity of goods required?
If the invitation states a certain quantity is required, acceptance of the tender will form a contract, and the purchaser will be in breach if they fail to order the stated quantity.
In the Great Northern Railway v Witham case, what was the key legal principle regarding the supplier's ability to revoke a standing offer?
The supplier can revoke the standing offer, but must still supply any goods that have already been ordered within the time stated in the tender.
What is the legal distinction between a mere statement of selling price in response to a request for information, and an offer to sell?
A statement of selling price is not considered an offer to sell, but rather a mere statement of information in response to a request.
In the Boots Cash Chemists case, what was the key role of the qualified pharmacist in the sales process?
The qualified pharmacist was required to be present at the cash desk, where the acceptance of the customer's offer occurred.
Which of the following statements best describes the legal relationship between the invitation to tender and the submission of a tender?
The invitation to tender is an invitation to treat, and the submission of a tender is the offer that the other party can accept or reject.
Study Notes
Pharmaceutical Society of Great Britain v Boots Cash Chemists (1953)
- A statute requires that certain pharmaceuticals must be sold under the supervision of a qualified pharmacist.
- Boots operated a self-service store with a pharmacist present at the cash desk, but not at the shelves where goods were displayed with price tags.
- The court held that the display of goods in a shop was an invitation to treat, not an offer.
- The customer makes the offer, and Boots can accept or reject it at the cash desk in the presence of a qualified pharmacist.
- The act of acceptance is the ringing up of the price on the till, forming a binding contract of sale.
Tenders
- A tender arises when one party issues a statement asking interested parties to submit terms for carrying out work or supplying goods.
- The person inviting the tender is making an invitation to treat, not an offer.
- The person submitting a tender is the offeror, and the other party can accept or reject the offer.
- The effect of acceptance depends on the wording of the invitation to tender.
- If the invitation states a certain quantity of goods, acceptance forms a contract, and the purchaser is bound to order the stated quantity.
- If the invitation states only a potential requirement, acceptance gives rise to a standing offer, with no compulsion to take any goods, but the purchaser must not deal with other suppliers.
- Each order forms a separate contract, and the supplier must deliver goods within the time stated in the tender.
- The supplier can revoke the standing offer, but must supply any goods already ordered (Great Northern Railway v Witham (1873)).
Carlill v Carbolic Smoke Ball Co (1893)
- A statement of selling price in response to a request for information is not an offer.
- The Carbolic Smoke Ball Co. advertised a £100 reward for anyone who used their product and contracted influenza.
- Mrs. Carlill used the product and contracted influenza, but the defendants claimed there was no contract because she didn't notify them of her acceptance.
- The court rejected the defendant's argument, holding that the wording of the advert implied no further negotiations, and Mrs. Carlill was entitled to enforcement of the contract.
- The £1000 bank deposit shown in the advert was seen as evidence of the company's sincerity.
Shop Window Displays (Fisher v Bell (1961))
- The Restriction of Offensive Weapons Act 1959 created a criminal offence of offering for sale certain offensive weapons.
- A shopkeeper displayed a flick knife in his shop window, and was prosecuted for offering it for sale.
- The court held that a window display was not an offer of sale, but only an invitation to treat.
- Therefore, the display did not infringe the law.
Test your knowledge on the Carlill v Carbolic Smoke Ball Co (1893) case which involved a dispute over the enforceability of a reward offer for using a medicinal 'smoke ball' and catching influenza. Explore the details of the case and its legal implications.
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