The Case Of Felthous V Bindley Essay

1459 WordsNov 9, 20166 Pages
According the scenario, this problem is concerned about distinguishing between the offer and an invitation to treat. The answer need to be consider When a valid offer is made and whether there is an agreement between Necola and Janet by accepting the offer. The main rule is that the acceptance must be communicated to the offeror. Until and unless the acceptance is communicated, no contract comes into existence. Here Janet 's advertisement for selling the car price £3200 was an invitation to treat (Partridge v Crittenden (19680 2 All ER 421). There was no definite promise to sell, the price was open to negotiation. Nicola takes Roys 's advice and make an offer to buy the car for £ 2000. Now Janet as an offeree free to accept or reject the offer. Janet told Nicola that if she had not heard anything from Janet by tomorrow evening than assume the car become Nicola 's for £2000. The relevant authority in relation to this type of situation is the case of Felthous v Bindley (1863) 11 CB (NS) 869. In this case, An uncle and nephew 's had negotiated over the sale of the nephew 's horse. The uncle had said 'If I hear no more from you I shall consider the horse mine at the stated price. ' On the sale of the nephew 's stock, the auctioneer failed to withdraw the horse from the sale as instructed by nephew. The uncle tried to sue the auctioneer but, failed. He could not prove the horse was his because the nephew had not actually accepted his offer to buy. So the case fact of the

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