The Case Of Carlill V Carbolic Smoke Ball Co.

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According to the case given, there was no offer made by Bob and Cecil. Bob saw an online advertisement offering a second hand iPhone 6 for sale and he visits Cecil. However, Cecil doesn’t want to sell the iPhone to Bob and sold to third party in higher price. The case then was bought to the court.
An offer is a contract which the offeror is prepared the contract and the offeree to be accepted it. The offer should be particular with no bargaining. If the condition has not been satisfied, it is possible to make an offer. (Law Teacher, 2015).
The case of Carlill v Carbolic Smoke Ball Co. (1893) which the Carbolic Smoke Ball Company output a goods of Carbolic Smoke Ball to treat the flu and other related diseases. The company had issued an advertisement
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It is important for contract law of the offer is accepted then only the contract has been formed. While, an invitation to treat is an action that negotiate between offeror and offeree, based on the decision of the parties whether accept or reject.
Based on the case given, it merely an invitation to treat but not a true offer. Cecil posted the phone online and Bob saw advertisement and wants to purchase on it. However, he was rejected by Cecil when he proceeds to buy it. He found out that Cecil was sold the phone to the third party. Cecil has the right to accept or reject.
In the case of Fisher v Bell (1960), the shop owner showed a flick-knife in his shop cabinet with displayed value, but he was doing sales on his knife. He was sued with offering it for sale and it was an offence under the Act. In fact, he shouldn’t place the ‘offer for sale’ wording in his window. At the final decision, the court decided that the show of the knife in the shop cabinet was an invitation to treat and the knife had not been offered for sale. (Parker LJ CJ, Ashworth Elwes JJ,
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After that, Wrench had bargaining with Hyde for offering to sell the farm as lower value with £1000. And, it was the final offer to Hyde. Thus, Hyde offered £950 and after examining the offer Wrench was rejected. After that, Hyde wants to buy the farm at the value with £1000 without any additional contract from Wrench but Wrench rejected to sell the farm to him. Then, Hyde bring this case to the court. The court decided that Hyde rejected the original offer made by Wrench so Wrench has the rights to reject his offer because when the original offer had been eliminated then there is no acceptance involving (Julie Clarke,

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