Date: Mon, 19 Dec 2005 12:30:04 -0500

From: Lionel Smith

Subject: Snapping at an Offer

Don't worry Andrew, the English courts usually catch up after a few years ... :)

Since all reasons for restitution are potentially reasons for setting aside a contract, is 'snapping up' not a case of free acceptance?

Lionel

On 19/12/05 11:58, "Andrew Tettenborn" wrote:

I suspect there may be a widening gulf here between England and Canada. On the eastern side of the pond, Smith v Hughes has been interpreted as meaning you *can* hold the other side to a contract even though he's seriously mistaken and you know it. The most recent example was the slightly grisly Sykes v Taylor-Rose [2004] EWCA Civ 299, [2004] N.P.C. 34. Sale of a house: as the vendor knew but the purchaser didn't, a previous owner a year or so earlier had murdered & chopped up a victim into small bits which he then distributed artfully round the premises. And at the time of the same they hadn't as yet found them all ... the contract stood.

The one exception is where an offeror makes a slip in the * terms * he intends then and there to offer. But nothing short of that will do. The case where a tenderer, to the knowledge of the tenderee, bids low because he's forgotten to factor in a given cost in preparing his tender would (I think, subject to correction) go in favour of the tenderee in England.

<<<< Previous Message  ~  Index  ~  Next Message >>>>>