Hartog v Colin & shields, Facts, Decision, Important Points

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This case is concerned whether to use subjective approach or objective approach in the offer and acceptance chapter of contract law

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Facts of Hartog v Colin & shields

The Defendant was selling heir skin, and he mistakenly offered a large quantity by selling it at price per piece, but actually it was price per pound. As the claimant quickly accepted the offer of the Defendant.

When the Defendant discovered his mistake he refused to deliver to the heir skin. The Claimant sued the defendant .

Issue:

Whether to use objective or subjective approach for the formation of contract?

Decision:

As the courts held that the Heir skins are usually sold at price per pound not price per piece and the claimant should have known that the defendant was making a mistake.

The Courts used subjective approach rather than objective approach.

Important point of Hartog v Colin & shields

This case upholds the point that where the offeror has made a mistake and the offeree knows about that mistake then subjective approach is used.

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