In Harvey v Facey (1893) the plaintiff telegraphed the defendant asking “will your sell us Bumper Hall Pen?”. “Telegraph lowest price for Bumper Hall Pen”. The defendant replied “lowest price for Bumper Hall Pen £900”. The plaintiff then sent the defendant another telegraph stating that he accepted and requested that the defendant send him the title deed. The defendant refused and the plaintiff sued.
The Privy Council held that the defendant was merely supplying information i.e. it was an invitation to treat and not an offer.
Copyright © 2019 by Dyarne Jessica Ward