Harvey v Facey, Facts, Decision, Key points

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This case is concerned with Request for informantion in offer and acceptance chapter of contract law

Facts of Harvey v Facey

Harvey the claimant sent the telegram to facey the defendant which said that would you sell us the bumper Hall Pen?

To this Facey replied through telegram

“Lowest price for bumper Hall pen 900 pounds”

Harvey then replied to the message by:

“We agree to buy bumper hall Pen for the amount of 900 pounds asked by you. Please send us your title deed in order that we get the early possession.

To this facey did not reply to which the Claimant Thought that the contract was formed.

Decision

The Privy council said that there was no contract formed . As the reply of facey was not an offer but an request for information which harvey mistook as an offer.

The second reply of harvey was an offer but facey did not replied to that message. So there is no offer to which acceptance can be made, hence the contract was not valid.

Key Points to remeber about Harvey v Facey

As from this case two points need to be remembered:

1- Request for more information is not an offer

2- Silence cannot amout to acceptance