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Harris V Nickerson
''Harris v Nickerson'' (1873) LR 8 QB 286 is an English law case concerning the requirements of offer and acceptance in the formation of a contract. The case established that an advertisement that goods will be put up for auction does not constitute an offer to any person that the goods will actually be put up, and that the advertiser is therefore free to withdraw the goods from the auction at any time prior to the auction. All three judges concurred but issued separate judgments. Facts The Defendant placed an advertisement in London papers that certain items, including brewing equipment and office furniture, would be placed up for auction over three days in Bury St. Edmunds. The Plaintiff obtained a commission to buy the office furniture and expended time and expense to travel to Bury St. Edmunds to bid for the office furniture. On the third day, the lots for the office furniture were withdrawn. The Plaintiff sued for loss of time and expense. The judge at first instance found ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Leading Cases In English Law
English law is the common law legal system of England and Wales, comprising mainly criminal law and civil law, each branch having its own courts and procedures. Principal elements of English law Although the common law has, historically, been the foundation and prime source of English law, the most authoritative law is statutory legislation, which comprises Acts of Parliament, regulations and by-laws. In the absence of any statutory law, the common law with its principle of ''stare decisis'' forms the residual source of law, based on judicial decisions, custom, and usage. Common law is made by sitting judges who apply both statutory law and established principles which are derived from the reasoning from earlier decisions. Equity is the other historic source of judge-made law. Common law can be amended or repealed by Parliament. Not being a civil law system, it has no comprehensive codification. However, most of its criminal law has been codified from its common law orig ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Warlow V Harrison
Warlow is a municipality in the Ludwigslust-Parchim district, in Mecklenburg-Vorpommern, Germany Germany,, officially the Federal Republic of Germany, is a country in Central Europe. It is the second most populous country in Europe after Russia, and the most populous member state of the European Union. Germany is situated betwe .... References Ludwigslust-Parchim {{LudwigslustParchim-geo-stub ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
1873 In British Law
Events January–March * January 1 ** Japanese calendar, Japan adopts the Gregorian calendar. ** The California Penal Code goes into effect. * January 17 – American Indian Wars: Modoc War: First Battle of the Stronghold – Modoc Indians defeat the United States Army. * February 11 – The Spanish Cortes Generales, Cortes deposes King Amadeo I of Spain, Amadeus I, and proclaims the First Spanish Republic. * February 12 ** Emilio Castelar, the former foreign minister, becomes prime minister of the new Spanish Republic. ** The Coinage Act of 1873 in the United States is signed into law by President Ulysses S. Grant; coming into effect on April 1, it ends bimetallism in the U.S., and places the country on the gold standard. * February 20 ** The University of California opens its first medical school in San Francisco. ** British naval officer John Moresby discovers the site of Port Moresby, and claims the land for Britain. * March 3 – Censorship: The Unit ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Lord Blackburn Cases
Lord is an appellation for a person or deity who has authority, control, or power over others, acting as a master, chief, or ruler. The appellation can also denote certain persons who hold a title of the peerage in the United Kingdom, or are entitled to courtesy titles. The collective "Lords" can refer to a group or body of peers. Etymology According to the Oxford Dictionary of English, the etymology of the word can be traced back to the Old English word ''hlāford'' which originated from ''hlāfweard'' meaning "loaf-ward" or "bread-keeper", reflecting the Germanic tribal custom of a chieftain providing food for his followers. The appellation "lord" is primarily applied to men, while for women the appellation "lady" is used. This is no longer universal: the Lord of Mann, a title previously held by the Queen of the United Kingdom, and female Lords Mayor are examples of women who are styled as "Lord". Historical usage Feudalism Under the feudal system, "lord" had a wide ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
1873 In Case Law
Events January–March * January 1 ** Japanese calendar, Japan adopts the Gregorian calendar. ** The California Penal Code goes into effect. * January 17 – American Indian Wars: Modoc War: First Battle of the Stronghold – Modoc Indians defeat the United States Army. * February 11 – The Spanish Cortes Generales, Cortes deposes King Amadeo I of Spain, Amadeus I, and proclaims the First Spanish Republic. * February 12 ** Emilio Castelar, the former foreign minister, becomes prime minister of the new Spanish Republic. ** The Coinage Act of 1873 in the United States is signed into law by President Ulysses S. Grant; coming into effect on April 1, it ends bimetallism in the U.S., and places the country on the gold standard. * February 20 ** The University of California opens its first medical school in San Francisco. ** British naval officer John Moresby discovers the site of Port Moresby, and claims the land for Britain. * March 3 – Censorship: The Unit ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
English Agreement Case Law
English usually refers to: * English language * English people English may also refer to: Peoples, culture, and language * ''English'', an adjective for something of, from, or related to England ** English national identity, an identity and common culture ** English language in England, a variant of the English language spoken in England * English languages (other) * English studies, the study of English language and literature * ''English'', an Amish term for non-Amish, regardless of ethnicity Individuals * English (surname), a list of notable people with the surname ''English'' * People with the given name ** English McConnell (1882–1928), Irish footballer ** English Fisher (1928–2011), American boxing coach ** English Gardner (b. 1992), American track and field sprinter Places United States * English, Indiana, a town * English, Kentucky, an unincorporated community * English, Brazoria County, Texas, an unincorporated community * Englis ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Barry V Davies
''Barry v Davies'' 000EWCA Civ 235 [20001 WLR 1962 is an English contract law case which established and confirmed that auction goods being sold without a reserve must be sold to a genuine highest bidder. The principle is subject to exceptions based on illegality, such as illicit goods, a seller without the right to sell the goods, or a buyer without the money or right to buy the goods. Facts The auctioneer withdrew goods from an auction (the goods had no reserve price) when a ''bona fide'' (good faith, that is in this case genuine) bid of £200 was effective. The court held that an auctioneer is bound to sell to the highest bidder where there is no reserve price, and cannot withdraw the sale simply because the price is too low. A bid in an auction, the possibility of acceptance of the bid, unless the bid is withdrawn, and the benefit to the auctioneer of driving up the price bid is sufficient consideration. The contract in an auction is between the buyer and the seller, not the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Spencer V Harding
''Spencer v Harding'' (1870) LR 5 CP 561 is an English contract law case concerning the requirements of offer and acceptance in the formation of a contract. The case established that an offer inviting tenders to be submitted for the purchase of stock did not amount to an offer capable of acceptance to sell that stock, but rather amounted to an invitation to treat. Facts The Defendants sent out a circular containing the following wording: The Defendants did not promise to sell the stock to the highest bidder for cash. The Claimants sent a tender to the Defendants which, following the submission of all tenders, was the highest tender. The Defendants refused to sell the stock to the Claimants. The Defendants submitted that the circular was not intended to be a binding offer capable of acceptance. Rather, it was merely a circular inviting others to make offers. The Claimants submitted that the circular did constitute a valid offer and that the Claimant had, by submitting the high ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Williams V Carwardine
''Williams v Carwardine'' 833EWHC KB J44is an English contract law case which concerns how a contract comes about through the offer of a reward. It also raises interesting questions about the necessity of reliance on an offer in the formation of a contract. Facts Mrs Mary Anne Williams claimed a reward of £20 from Mr Carwardine for giving information that led to the arrest of her husband, Mr William Williams, for murdering Mr Carwardine's brother. Walter Carwardine was murdered near a pub in Hereford in March 1831, and his body was found in the River Wye in April. The plaintiff, Mrs Williams, gave evidence at the Hereford assizes against two suspects, but did not say all she knew between 13 and 19 April. The suspects were acquitted. On 25 April 1831 the victim's brother and defendant, Mr Carwardine, published a handbill, stating there would be a £20 for... "whoever would give such information as would lead to the discovery of the murder of Walter Carwardine." Shortly after, ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Payne V Cave
''Payne v Cave'' (1789) 3 TR 148 is an old English contract law case, which stands for the proposition that an auctioneer's request for bids is not an offer but an invitation to treat. The bidders make the offers which can be accepted by the auctioneer. Facts Mr Cave had made the highest bid for a good in an auction. But then, Mr Cave changed his mind and he withdrew his bid before the auctioneer brought down his hammer. It was held that Mr. Cave, the defendant, was not bound to purchase the goods. His bid amounted to an offer which he was entitled to withdraw at any time before the auctioneer signified acceptance by knocking down the hammer. Note: The common law rule laid down in this case has now been codified in many countries in variations of the Sale of Goods Act, e.g. UK 1979 s57(2). Judgment The court held that Mr Cave was entitled to withdraw his offer at any time before the auctioneer accepted it. The auctioneer's request for bids was an invitation to treat, and each bid ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Offer And Acceptance
Offer and acceptance are generally recognised as essential requirements for the formation of a contract, and analysis of their operation is a traditional approach in contract law. The offer and acceptance formula, developed in the 19th century, identifies a moment of formation when the parties are of one mind. This classical approach to contract formation has been modified by developments in the law of estoppel, misleading conduct, misrepresentation, unjust enrichment, and power of acceptance. Offer Treitel defines an offer as "an expression of willingness to contract on certain terms, made with the intention that it shall become binding as soon as it is accepted by the person to whom it is addressed", the "offeree". An offer is a statement of the terms on which the offeror is willing to be bound. It is the present contractual intent to be bound by a contract with definite and certain terms communicated to the offeree. The expression of an offer may take different forms and w ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
