Law Faculty

Holwell Securities Ltd v. Hughes [1974] 1 WLR 155, Court of Appeal Under a contract with the defendant, the plaintiffs were granted an option to purchase land. Clause 2 of the agreement provided: ‘THE said option shall be exercisable by…

Felthouse v. Bindley (1862) 11 CBNS 869, 142 ER 1037, Court of Common Pleas The plaintiff claimed that he had purchased a horse from his nephew. After some negotiations, the plaintiff wrote to his nephew on 2 January 1862 in…

British Steel Corporation v. Cleveland Bridge and Engineering Co Ltd [1984] 1 All ER 504, Queen’s Bench Division The parties were involved in negotiations for the supply of steel components. The defendants (‘CBE’) sent to the plaintiffs (‘BSC’) a letter…

Butler Machine Tool Co Ltd v. Ex-Cell-O Corporation (England) Ltd [1979] 1 WLR 401, Court of Appeal The facts of the case are set out in the judgments below. Lord Denning MR This case is a ‘battle of forms’. The…

Barry v. Davies (Trading as Heathcote Ball & Co) [2000] 1 WLR 1962, Court of Appeal Customs and Excise put up two engine analysers for sale by auction, without a reserve price. The price of new machines was £14,521 each.…

Blackpool and Fylde Aero Club Ltd v. Blackpool Borough Council [1990] 1 WLR 1195, Court of Appeal The appellant council invited tenders for a concession to operate pleasure flights from the local airport. Among the recipients of this invitation was…

Lefkowitz v. Great Minneapolis Surplus Stores Inc 86 NW2d 689 (1957) (Supreme Court of Minnesota) Murphy J This case grows out of the alleged refusal of the defendant to sell to the plaintiff a certain fur piece which it had…

Pharmaceutical Society of Great Britain v. Boots Cash Chemists [1953] 1 QB 401, Court of Appeal Section 18(1) of the Pharmacy and Poisons Act, 1933 provided that: ‘it shall not be lawful—(a) for a person to sell any poison included…

Carlill v. Carbolic Smoke Ball Company [1893] 1 QB 256, Court of Appeal The defendants advertised their medicinal product, the now infamous ‘carbolic smoke ball’, in various newspapers in the following terms: ‘100l. reward will be paid by the Carbolic…

Scriven Brothers & Co v. Hindley & Co [1913] 3 KB 564, King’s Bench Division The plaintiffs instructed an auctioneer to sell by auction a large quantity of Russian hemp and tow. The auctioneer prepared a catalogue which did not…

Tamplin v. James (1880) 15 Ch D 215, Court of Appeal The plaintiffs put property up for sale under the following description: ‘All that well-accustomed inn, with the brewhouse, outbuildings, and premises known as The ship, together with the messuage,…

Denny v. Hancock (1870) LR 6 Ch App 1, Court of Appeal The plaintiffs put up property for sale by auction. Prior to bidding for the land, the defendant inspected the property. He took with him a plan that had…