Case Study: Williams V. Carwardine

Williams v Carwardine

Walter Carwardine was killed. Mr. Carwardine, the victim’s brother and defendant posted notice that he would pay £20 for those who would give information that would lead to the conviction of the murderer of his brother.

Mrs. Williams gave a statement that led to conviction of his husband for the murder of Walter. Then she tried to claim the reward of £20 from Mr. Carwardine, however, Mr. Carwardine refused to pay. Then Mrs. William sued Mr. Carwardine for the reward.

The court held that Mrs. Williams is entitled to claim the reward as the notice contain promise and it was a unilateral offer to the world.

Auction can be an offer.

Warlow v Harrison

There was a public auction of a horse, “without reserve” was made

Then the claimant said he would accept the offer of £1000. The court held that there was no contract between them and Hyde’s respond of £950 was a counter offer which has put an end to the original offer. Then the subsequent acceptance of the original offer was not an acceptance as the original offer was no longer exist.

INVITATION TO TREAT

An invitation to treat would be restricted to statements indicating the maker’s willingness to receive offers.

Gibson v Manchester City Council

Mr. Gibson, the claimant, received a letter from the defendant stated that “The Corporation may be prepared to sell the house to you at the purchase price of £2,725… If you would like to make formal application to buy your Council house, please complete the enclosed application form…”. Mr. Gibson completed the applicant but the defendant refused to accept Mr. Gibson’s application. The court held that the defendant letter was an invitation to treat as the word “may be prepared to sell” and the offer arises from the claimant

The court held that the catalogue and price list did not constitute to an offer but it was an invitation to treat. However, if the catalogue state that it has unlimited supplies were available then it may constitute to an offer.

The display of goods in a shop window or on supermarket shelves does not constitute to an offer, however, it is an invitation to treat.

Fisher v Bell

A shopkeeper displayed a flick knife for sale in the shop window. This was not allowed under the Offensive Weapons Act . He was charged with offering a sale of offending weapon under the Act.The court held that he was not guilty as he had not offered the knife for sale as the display was an invitation to treat and not an offer.

This case is similar to the case Pharmaceutical Society of Great Britain v Boots Cash Chemists (Southern) Ltd.

Pharmaceutical Society of Great Britain v Boots Cash Chemists (Southern)