Law cases used in International Business Law

Guthing v Lynn (1831)

This case established that terms of an offer must be clear and unambiguous. An offer with overly vague terms cannot be enforced.

Hillas v Arcas (1932)

The decision in this case allowed for implied terms and context to be inferred from previous dealings or trade custom, recognizing the enforceability of contracts even with some missing details if the context is clear.

Carlill v Carbolic Smoke Ball Co (1893)

This famous case upheld that an advertisement can be considered a unilateral offer if it promises a reward to the general public upon performing a specific act, leading to the enforceability of such an offer upon completion of the act.

Bloom v American Swiss Watch Co. (1915)

The court ruled that for a reward to be claimed, the person providing the information must have knowledge of the reward offer at the time of performing the act.

Pharmaceutical Society of Great Britain v Boots Cash Chemist (1953)

This case clarified that items on display in a shop are an invitation to treat, not an offer, meaning the customer makes the offer to purchase, which the shop can then accept or reject.

Partridge v Crittenden

The court decided that advertisements are typically invitations to treat, not offers, thus the advertiser is not obligated to sell at the advertised price.

Fisher v Bell

This case reinforced that items displayed in shop windows are invitations to treat, not offers, meaning the retailer is not obliged to sell the items at the displayed price.

Gibson v Manchester City Council (1979)

It was held that statements indicating a willingness to negotiate terms do not constitute a binding offer.

Harvey v Facey (1893)

The decision clarified that providing information, such as a price, in response to an inquiry does not constitute an offer.

Dickinson v Dodds

This case established that an offer can be revoked at any time before acceptance, and the revocation must be communicated to the offeree.

Routledge v Grant (1828)

The court confirmed that an offeror can withdraw their offer at any time before it is accepted, even if they have promised to keep it open for a specific time.

Byrne v Van Tienhoven (1880)

It was decided that revocation of an offer is only effective when it is received by the offeree.

Hyde v Wrench (1840)

This case ruled that a counteroffer constitutes a rejection of the original offer, which cannot then be accepted.

Pickfords Ltd v Celestica Ltd (2003)

The decision showed that a counteroffer revokes the original offer, and performance of the contract based on the new terms constitutes acceptance by conduct.

Stevenson v McLean (1880)

The court held that an inquiry about terms does not constitute a counteroffer and does not terminate the original offer.

Butler Machine Tool v Ex-Cell-O Corp.

This case established the 'battle of the forms' principle, where the last set of terms exchanged before performance of the contract typically becomes the binding terms.

Adams v Lindsell

The postal rule was established, determining that acceptance is effective upon posting, even if delayed or lost.

Kodak case

This case involved issues with incorrect pricing in online advertisements, highlighting the need for companies to clearly state terms to avoid unintended contractual obligations.

Hollier v Rambler Motors Ltd. (1972)

This case established that exemption clauses must be clearly incorporated into a contract to be effective. The decision indicated that merely displaying terms in a notice was insufficient to incorporate the terms into the contract.

Chappelton v Barry UDC (1940)

The court ruled that a ticket containing an exemption clause handed over after the contract was concluded did not form part of the contract, thereby making the clause unenforceable.