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2.2 cases at glance

2.2 cases at glance

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Published by: api-3813392 on Oct 19, 2008
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Ratio
Decidendi
Case
Facts
Held
A
n

advertisement with element of reward is a public offer.

Carlill v
Carbolic
Smoke
Ball Co
[1893]

An advert placed for 'smoke balls' to prevent influenza. offered to pay \u00a3100 if anyone contracted influenza after using the ball. Deposited \u00a31,000 with the Alliance Bank to show their sincerity in the matter. The plaintiff bought one of the balls but contracted influenza

she was entitled to recover as
(a) The deposit of money showed an
intention to be bound, therefore the
advert was an offer;
(b) It was possible to make an offer

to the world at large, which is
accepted by anyone who buys a
smoke-ball;

(c) The offer of protection would
cover the period of use; and
(d)The buying and using of the
smoke-ball amounted to acceptance.

Acceptance of
offer has to be
communicated.

R v Clarke
[1927]
The Government offered a
reward
for

information leading to the arrest of certain murderers and a pardon to an accomplice who gave the

The court dismissed the case. There
cannot be assent without knowledge
of the offer; and ignorance of the
offer is the same thing whether it is
due to never hearing of it or

information. Clarke saw the
proclamation.
He

gave information which led to the conviction of the murderers. He admitted that his only object in doing so was to clear himself of a charge of murder and that he had no intention of claiming the reward at that time. He sued the Crown for the reward

forgetting it after hearing."

Revocation has
to be
communicated.

Byrne V
Leon Van
[1880]

An offer made on 1st October (In Cardiff). Claimant (in New York) received it on

11th & send acceptance at once. In the main time the defendant change his mind and sent a letter of revocation

on 8th Oct. Revocation letter
The revocation was not complete
until it had been communicated to

the offeree. This was on 15th October. In the main time, however the offer had been accepted. As a result the revocation was ineffective & the contract did exist. The defendant was therefore liable under the contract.

reached on 15th Oct.

Revocation can
be
communicated
by a reliable
source.

Dickinson
v Dodds
[1876]

Dodds offered to sell his house to Dickinson, the offer being open until 9am Friday. On Thursday, Dodds sold the house to Allan. Dickinson was told of the sale by Berry, the estate agent, and he delivered

an
acceptance
before 9am Friday.

As the Claimant knew that the
defendant was no longer in a position
to sell the property to him the
defendant had drawn his offer
validly. It was impossible, therefore,
to say there was ever that existence
of the same mind between the two
parties which is essential in point of
law to the making of an agreement.

Offer does not
laps with death
of offeree and
remains valid if
consideration is
being made.

Errington
v
Errington
[1952]

A father bought a house on mortgage for his son and daughter-in-law and promised them that if they paid off the mortgage, they could have the house. They began to do this but before they had finished paying, the father died. His

The father's promise was a unilateral contract - a promise of the house in return for their act of paying the installments. It could not be revoked by him once the couple entered on performance of the act. The couple was entitled to continue paying the installments and claim the house

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