''Harvey v Facey''

893 __FORCETOC__ Year 893 ( DCCCXCIII) was a common year starting on Monday of the Julian calendar. Events By place Europe * Vladimir, ruler ('' khan'') of the Bulgarian Empire, is dethroned by his father Boris I, with help from loyal ...

is a

contract law A contract is an agreement that specifies certain legally enforceable rights and obligations pertaining to two or more Party (law), parties. A contract typically involves consent to transfer of goods, Service (economics), services, money, or pr ...

case decided by the

United Kingdom The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom (UK) or Britain, is a country in Northwestern Europe, off the coast of European mainland, the continental mainland. It comprises England, Scotlan ...

Judicial Committee of the Privy Council The Judicial Committee of the Privy Council (JCPC) is the highest court of appeal for the Crown Dependencies, the British Overseas Territories, some Commonwealth countries and a few institutions in the United Kingdom. Established on 14 August ...

on appeal from the Supreme Court of Judicature of Jamaica. In 1893 the Privy Council held final legal jurisdiction over most of the British Caribbean. Its importance in

case law Case law, also used interchangeably with common law, is a law that is based on precedents, that is the judicial decisions from previous cases, rather than law based on constitutions, statutes, or regulations. Case law uses the detailed facts of ...

is that it defined the difference between ''an offer'' and supply of information. The Privy Council held that indication of lowest acceptable price does not constitute an offer to sell. Rather, it is considered a response to a

request for information A request for information (RFI) is a common business process whose purpose is to collect written information about the capabilities of various suppliers. Normally it follows a format that can be used for comparative purposes. An RFI is primarily ...

, specifically a "precise answer to a precise question" about the lowest acceptable price which the seller would consider.

Application

The case involved negotiations over a property in

Jamaica Jamaica is an island country in the Caribbean Sea and the West Indies. At , it is the third-largest island—after Cuba and Hispaniola—of the Greater Antilles and the Caribbean. Jamaica lies about south of Cuba, west of Hispaniola (the is ...

. The defendant, Mr LM Facey, had been carrying on negotiations with the Mayor and Council of Kingston to sell a piece of property to

Kingston City Kingston City was a federal electoral district represented in the House of Commons of Canada from 1925 to 1953. It was located in the province of Ontario. This riding was created in 1924 from parts of Kingston riding. It consisted of the cit ...

. On 7 October 1893, Facey was traveling on a train between

Kingston Kingston may refer to: Places * List of places called Kingston, including the six most populated: ** Kingston, Jamaica ** Kingston upon Hull, England ** City of Kingston, Victoria, Australia ** Kingston, Ontario, Canada ** Kingston upon Thames, ...

and

Porus Porus or Poros ( ; 326–321 BC) was an ancient Indian king whose territory spanned the region between the Jhelum River (Hydaspes) and Chenab River (Acesines), in the Punjab region of what is now India and Pakistan. He is only mentioned in Gr ...

and the appellant, Harvey, who wanted the property to be sold to him rather than to the city, sent Facey a

telegram Telegraphy is the long-distance transmission of messages where the sender uses symbolic codes, known to the recipient, rather than a physical exchange of an object bearing the message. Thus flag semaphore is a method of telegraphy, whereas pi ...

. It said, "Will you sell us Bumper Hall Pen? Telegraph lowest cash price-answer paid". Facey replied on the same day: "Lowest price for Bumper Hall Pen £900." Harvey then replied in the following words. "We agree to buy Bumper Hall Pen for the sum of nine hundred pounds asked by you. Please send us your title deed in order that we may get early possession." Facey, however refused to sell at that price, at which Harvey sued. Harvey had his action dismissed upon first trial presided over by Justice Curran, (who declared that the agreement as alleged by the Appellants did not denote a concluded contract) but won his claim on the Court of Appeal, which reversed the trial court decision, declaring that a binding agreement had been proved. The appellants obtained leave from the Supreme Court of Judicature of Jamaica to appeal to the

Queen in Council The King-in-Council or the Queen-in-Council, depending on the gender of the reigning monarch, is a constitutional term in a number of states. In a general sense, it refers to the monarch exercising executive authority, usually in the form of app ...

(i.e. the Privy Council). The Privy Council reversed the Appeal court's opinion, reinstating the decision of Justice Curran in the very first trial and stating the reason for its action. The Privy Council advised that no contract existed between the two parties. The first telegram was simply a request for information, so at no stage did the defendant make a definite offer that could be accepted. Lord Morris gave the following judgment.

AC 552, 555-556

Notes

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External links

Full text of judgment on bailii.org
English contract case law 1893 in United Kingdom case law Judicial Committee of the Privy Council cases on appeal from Jamaica 1893 in Jamaica

Application

See also

Notes

External links