November 7, 2024
DU LLBLaw of ContractSemester 1

Harvey V. Facey ( 1893) AC 552 Case Analysis

CitationHarvey V. Facey ( 1893) AC 552 Case Analysis
Keywords
FactsHarvey V. Facey ( 1893) AC 552Harvey sent a Telegram to Facey which stated: −
“Will you sell us Bumper Hall Pen? Telegraph lowest cash price−answer paid;”
Facey replied by telegram:−
“Lowest price for Bumper Hall Pen £900.”
Harvey then replied:− “We agree to buy Bumper Hall Pen for the sum of nine hundred pounds asked by you. Please send us your title deed in order that we may get early possession.”
Issues
Contentions
Law PointsSection 9 − Promises, express and implied

In so far as the proposal or acceptance of any promise made is made in words, the promise is said to be express. In so far as such proposal or acceptance is made otherwise than in words, the promise is said to be implied.

The mere statement of the lowest price at which the vendor would sell contains no implied contract to sell at that price to the persons making the inquiry
no evidence of an intention that the telegram sent by Facey was to be an offer
Judgment
Ratio Decidendi & Case Authority

Full Case Details

To do

Related posts

Sudhakar v. State of Maharashtra (2000) 6 SCC 671

Tabassum Jahan

Trimble v. Goldberg(1906) AC 494 (PC)

Tabassum Jahan

Chairman Railway Board v Chandrima Das(2000) 2 SCC 465

Dharamvir S Bainda

Leave a Comment