⚖️ Harvey v. Facey: Case Summary ⚖️
Understanding the fine line between an offer and an invitation to treat
📌 Introduction
The case of Harvey v. Facey is a cornerstone in contract law, clarifying the distinction between an offer and an invitation to treat. It established that merely quoting a price does not amount to an offer but is an invitation to negotiate.
📜 Facts
- Parties: Harvey (buyer) and Facey (seller).
- Dispute:
- Harvey inquired if Facey would sell a property and requested the lowest price.
- Facey replied: "Lowest price for Bumper Hall Pen: £900."
- Harvey accepted this "offer," but Facey refused to sell.
- Claim: Harvey argued that Facey’s price quote was an offer.
- Defense: Facey contended it was merely a response to an inquiry, not an offer.
⚖️ Legal Issues
- Was Facey’s price quote an offer?
- Did Harvey’s reply create a valid contract?
🏛️ Judgment
No Offer: The court ruled that Facey’s reply was an invitation to treat, not an offer, as it lacked a clear intent to be legally bound.
No Contract: Since there was no offer, there was no valid acceptance or contract.
📚 Key Legal Principles
- Invitation to Treat: Quoting a price is not an offer.
- Offer and Acceptance: A valid contract requires a clear offer and acceptance.
- Intention: A contract needs clear intent to create legal relations.
📖 Relevance to Indian Law
Under the Indian Contract Act, 1872:
- Section 2(a): Facey’s response lacked the intent to make a proposal.
- Section 2(b): Without an offer, no promise or contract exists.
🔍 Conclusion
The case emphasizes the necessity of distinguishing between an offer and an invitation to negotiate, forming a crucial principle in contract law.
📝 Legal concepts made simple for better understanding! ⚖️
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