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Facts. The claimants sent a telegraph asking if the defendant was willing to sell them a piece of property (BHP). They asked what price the defendant would sell it for. The defendant responded by telegraph: ‘Lowest price for B. H. P. £900’.
Held: The Privy Council held that there was no contract concluded between the parties. Facey had not directly answered the first question as to whether they would sell and the lowest price stated was merely responding to a request for information not an offer.
May 15, 2021 · Harvey vs Facey case is one of the important case law in contract law as it defines the difference between an invitation to offer and offer and it also throws a light explaining completion of the offer as it plays a very important role in the agreement formation.
Harvey v Facey [1893], is a contract law case decided by the United Kingdom Judicial Committee of the Privy Council on appeal from the Supreme Court of Judicature of Jamaica. In 1893 the Privy Council held final legal jurisdiction over most of the British Caribbean n. [2]
Harvey v Facey (1893) The plaintiffs sent a telegram to the defendant, “Will you sell Bumper Hall Pen? Telegraph lowest cash price”. The defendants reply was “Lowest price £900”. The plaintiffs telegraphed “We agree to buy… for £900 asked by you”.
When Facey attempted to sell the property to other buyers, Harvey and Anor accused Facey of breaching their contract and sued Facey for specific performance. The Jamaican trial judge dismissed the suit, finding there was no completed sale contract.
Dec 7, 2021 · FACTS. Mr Harvey, the appellant, was running a company in Jamaica and he wanted to purchase Mr Facey’s property known as the “Bumper Hall Pen”. At the same time, Mr Facey was also in a negotiation with the Mayor and Council of King of Kingston City for the said property.
May 10, 2024 · Introduction. Harvey v. Facey, a landmark decision in contract law, holds a pivotal place due to its profound insights into the nature of contract formation. It addresses the complex distinction between an offer and an invitation to offer, which the Privy Council decided in 1893.
Where an auction takes place with reserve, each bid is an offer which is then accepted by the auctioneer. Where the auction takes place without reserve, the auctioneer makes a unilateral offer which is accepted by the placing of the highest bid: Heathcote Ball v Barry [2000] EWCA Civ 235 Case summary. Machines.
This case document summarizes the facts and decision in Harvey v Facey [1893] AC 552. The document also includes supporting commentary from author Nicola Jackson.
