Hart v Mills Case Study

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Questions and Answers

What was the nature of the second telegram from the defendants in Harvey v Facey?

An invitation to treat

An acceptance of the offer

A mere indication of the minimum price (correct)

A counter-offer

In Preston Corp. Sdn Bhd v Edward Leong & Ors, what was concluded about price quotations?

They can never be relied upon

They are binding offers

They are invitations to treat (correct)

They constitute acceptance of an offer

What did Partridge v Crittenden illustrate regarding advertisements?

Advertisements can be seen as binding offers

Advertisements must include 'offer for sale'

Advertisements serve as invitations to treat (correct)

Advertisements cannot be used to induce offers

What was the role of the third telegram sent by the plaintiffs in Harvey v Facey?

It was a new offer to purchase Signup and view all the answers

Which of the following best describes the ruling in Harvey v Facey?

No contract was created due to lack of acceptance Signup and view all the answers

What is the primary legal significance of advertisements according to the case of Hart v Mills?

Advertisements serve as invitations to negotiate. Signup and view all the answers

What legal principle regarding contracts is illustrated by Preston Corp. Sdn Bhd's case?

Only formal offers can create contracts Signup and view all the answers

What was emphasized regarding the nature of responses to price inquiries in contract law?

They are merely invitations to enter negotiations Signup and view all the answers

In the case of Pharmaceutical Society of Great Britain v Boots Cash Chemist Ltd, when does a contract of sale occur?

When the cashier rings the item at the checkout. Signup and view all the answers

How does Lord Parker's statement in Fischer v Bell characterize the display of goods in a shop window?

It is merely an invitation to treat. Signup and view all the answers

In what manner did the court view the advertisement in Partridge v Crittenden?

As a solicitation for offers Signup and view all the answers

What principle is upheld if selecting an article from the shelves constituted a sale?

Customers would have the right to return items after selection. Signup and view all the answers

What legal question was central to the case involving Boots Cash Chemist?

Whether the display of goods constituted a completed sale. Signup and view all the answers

What does the request for price quotes typically represent in contract law?

An invitation to treat or request for information. Signup and view all the answers

According to the principles discussed, what is necessary for a binding contract to exist in a sales context?

The acceptance of an offer made by one party to another. Signup and view all the answers

Based on the content, what is implied about the role of a cashier in a retail transaction?

The cashier merely facilitates the completion of the sale. Signup and view all the answers

What is the significance of communication in the acceptance of a contract?

Acceptance becomes effective only when it is communicated to the offeror. Signup and view all the answers

How can acceptance be expressed according to the CA 1950?

By written words or spoken agreement. Signup and view all the answers

What happens to the acceptance communicated by letter under the Postal Rule?

It is effective once the letter is posted. Signup and view all the answers

In the context of a contract, who is referred to as the 'promisor'?

The person who makes the proposal. Signup and view all the answers

When is acceptance considered complete according to the case of Henthorn v Fraser?

When the acceptance is placed in the post box. Signup and view all the answers

What does S. 4(2)(a) CA 1950 state about the communication of acceptance?

It is complete when put in a course of transmission. Signup and view all the answers

What is the role of the 'promisee' in a contract?

They provide consent to the offer. Signup and view all the answers

Which scenario does not validate a contract's acceptance through post?

The offeror is unaware of the acceptance. Signup and view all the answers

Under what condition can an acceptor revoke their acceptance?

Before the communication of acceptance reaches the offeror Signup and view all the answers

When is the communication of revocation by the offeror complete against the offeror?

When it is dispatched to the offeree Signup and view all the answers

What happens if the acceptor revokes their acceptance after it has reached the offeror's knowledge?

The revocation is ineffective and the contract is binding Signup and view all the answers

How is the communication of revocation completed against the acceptor?

When the revocation is dispatched by the acceptor Signup and view all the answers

If an acceptor sends a telegram to revoke their acceptance, when does the revocation become effective against the offeror?

Upon the offeror reading the telegram Signup and view all the answers

What is an important consideration when an acceptor wishes to revoke an acceptance made by post?

It should be done before the acceptance letter reaches the offeror Signup and view all the answers

What does 'not afterwards' imply in S. 5 regarding revocation of acceptance?

If acceptance is acknowledged, any revocation is ineffective Signup and view all the answers

Which statement accurately describes the process of revocation communication according to S. 4(3)?

Revocation is effective against the offeror once it is dispatched Signup and view all the answers

What legal case established that an offer can be revoked even if the offeror states it will remain open for a specified time?

Routledge v. Grant Signup and view all the answers

According to S. 6(a) CA 1950, how can an offer be revoked?

By communication of the notice of revocation Signup and view all the answers

What indicates that an offer can lapse if specific conditions are not met?

S. 6(c) CA 1950 Signup and view all the answers

Which of the following is NOT a recognized way to revoke an offer under S. 6 CA 1950?

By changing the terms of the offer Signup and view all the answers

What happens if the proposer of an offer dies or suffers a mental disorder?

The offer can be revoked if the offeree is aware of it Signup and view all the answers

In the context of an offer, what does 'lapse of time' refer to?

Both A and B Signup and view all the answers

What does S. 6(c) CA 1950 illustrate regarding conditions of acceptance?

All conditions must be met to maintain the offer Signup and view all the answers

Which statement is true regarding the ability to revoke an offer during a specified time period?

The offer can be revoked anytime before acceptance Signup and view all the answers

Study Notes

Invitation to Treat

Advertisements and negotiations constitute an invitation to treat, not a binding offer.
An offer must come from the party aware of the advertisement.

Display of Goods

Display of goods in shops is merely an invitation to treat, as established in Pharmaceutical Society of Great Britain v Boots Cash Chemist Ltd.
The contract occurs at the point of sale when the cashier processes the transaction, not when the customer selects goods.

Price Quotes and Information Requests

In Harvey v Facey, mere communication of a price is an invitation to treat, while a subsequent agreement constitutes an offer.
In Preston Corp v Edward Leong, price quotations were deemed invitations to treat; the orders placed were the actual offers.

Advertisements and Circulars

Advertisements do not constitute offers but invitations to treat, as shown in Partridge v Crittenden.
Acceptance occurs when the offeree conveys assent to the offeror.

Communication of Acceptance

Acceptance is only valid when communicated to the offeror, as per S. 9 CA 1950.
Acceptance via post is effective when sent, as supported by the Postal Rule outlined in Henthorn v Fraser.

Revocation of Offers

An offer can be revoked at any time before acceptance, even if a specific time frame is stated, demonstrated in Routledge v Grant.
S. 6 CA 1950 details four methods to revoke an offer:
- By notice, communicated to the offeree.
- By lapse of a specified time or reasonable time without acceptance.
- By failure to fulfill conditions precedent to acceptance.
- By the proposer’s death or mental disorder, if known to the offeree before acceptance.

Revocation of Acceptance

Acceptors may revoke acceptance before it is communicated to the proposer, as stipulated in S. 5(2) CA 1950.
If acceptance is revoked before the notice reaches the offeror, it is valid; otherwise, it is ineffective.

Communication of Revocation

Communication of revocation is complete when sent or received, as per S. 4(3) CA 1950.
Example: Revocation by telegram is effective once dispatched; however, it is only effective for the offeree when received.

Context of Acceptance and Revocation

Acceptors can withdraw their acceptance before the notice is received by the offeror, ensuring clarity and binding intentions in contract law.

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Description

Explore the legal principles behind the Hart v Mills case from 1846. This quiz delves into the distinction between an invitation to treat and a binding offer in contract law. Test your understanding of how advertisements function in negotiations.