Facts
- Harvey V. Facey ( 1893) AC 552
- Harvey 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.”
Law Points
- Section 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.
PRINCIPLES
- 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
