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Facts. The defendants put out a circular which stated that they were accepting tenders for the sale of stock in a particular company. The claimant submitted a tender which complied with all the requirements in the circular. Theirs was the highest tender.
Spencer v Harding (1870) LR 5 CP 561 is an English contract law case concerning the requirements of offer and acceptance in the formation of a contract.
Spencer v Harding The defendants advertised a sale by tender of the stock in trade belonging Eilbeck & co. The advertisement specified where the goods could be viewed, the time of opening for tenders and that the goods must be paid for in cash.
Jun 19, 2023 · Case name & citation: Spencer v Harding (1870) LR 5 CP 561. Year of the case: 1870. Jurisdiction: The Court of Common Pleas. The bench of judges: Willes, Keating and Montague Smith, JJ. Area of law: Offer and an invitation to treat.
Jun 28, 2021 · Fact summary of Spencer v Harding (1870) LR 5 CP 561. Issues raised, analysis, principles and decision of the court in Spencer v Harding.
The invitation to tender was an invitation to treat and the tender was an offer. The absence of any specific wording such as “and we undertake to sell to the highest bidder” rebutted any presumption that the Defendants had intended to be bound by a contract.
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.
Legum case brief on Spencer v. Harding. The principle(s) in this case: An invitation for tender is not an offer. It is only an offer if issuer says they would be bound to accept highest bid.. Case was heard in Court of Common Pleas
Spencer v. Harding Law Rep. 5 C. P. 561 Case summary. Auctions. Where an auction takes place with reserve, each bid is an offer which is then accepted by the auctioneer.
Dec 2, 2012 · Spencer v Harding (1870) LR 5 CP 561. Facts: The defendant sent a circular seeking tenders to buy stocks. The plaintiff's tender was the highest but the defendant refused to sell to the plaintiff. Issue: Had there been an offer made by the defendant? Held:
