Contract Law (Briefcase) by Simon Salzedy, Peter Brunner, Simon Salzedo

By Simon Salzedy, Peter Brunner, Simon Salzedo

First released in 2004. Routledge is an imprint of Taylor & Francis, an informa corporation.

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The plaintiff therefore bid no further but claimed the horse from the vendor, offering him the amount of the plaintiff’s last bid, which the vendor refused. Held the plaintiff was entitled to damages on the basis of a breach of his contractual right to buy the horse at the amount of his last bid because (per Martin B) ‘the auctioneer who puts the property up for sale upon such a condition pledges himself that the sale shall be without reserve; or, in other words, contracts that it shall be so; and…this contract is made with the bonafide bidder’.

I) There was no acceptance of the offer to pay by instalments, (i) The silence of the Revenue did not preclude the possibility of acceptance. 4), Peter Gibson LJ, with whom Stuart-Smith and Balcombe LJJ agreed, said: When the offeree himself indicates that an offer is to be taken as accepted if he does not indicate to the contrary by an ascertainable time, he is undertaking to speak if he does not want an agreement to be concluded. I see no reason in principle why that should not be an exceptional circumstance such that the offer can be accepted by silence.

The appellants then telegraphed ‘We agree to buy Bumper Hall Pen for the sum of £900 asked by you. Please send us your title deed in order that we may get early possession’. The respondents did not complete the sale and the appellants sought an order for specific performance. Held there was no contract. Per Lord Morris: The first telegram asks two questions…[the respondents] replied to the second question only and gives his lowest price… The reply telegram from the appellants cannot be treated as an acceptance of an offer to sell to them; it is an offer that required to be accepted by [the respondents].

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