This case is concerned whether to use objective approach or subjective approach in offer and acceptance chapter of contract law
Table of Contents
Facts of Scriven bros v Hindley
There was an auction and two things were being sold. The first one was hemp and the second one was tow. Tow is cheaper and hemp is expensive.
The Auction catalogue was wrong due to which the bid was wrong. As he was offering the price of two hemps, but in actual it was the price of one Tow.
As the Cliamant accepted his offer. When the Defendant realized his mistake he refused to pay and the claimants sued them for the price
Issue:
Was there a contract formed, Or to use subjective or objective approach here.
Decision:
The courts held that there was no contract as the mistake was due to carelessness in preparing the auction catalogue . And the claimant had not made the samples of hemp and tow clear.
So the Defendants was not liable to pay them. As they made a mistake due to the fault of the offeree
Important point of Scriven bros v Hindley
Where the offeror makes a mistake and the mistake was due to the fault of the offeree. Then Subjective approach is used.