公司法和商法双语案例CorporateandBusinessLawCases.DOC

教学案例101-F4.CORPORATE BUSINESS LAW Case SummariesOffer and Acceptance Pharmaceutical Society of Great Britain v Boots Cash ChemistsHeld that the display of drugs on open shelves was merely an inducement to the buyer to make an offer to buy, not an offer to sell capable of acceptance.Hyde v WrenchAn offer to sell at ￡1,000 was met with a counter offer at ￡950. This was rejected. The subsequent acceptance at the original price was legally ineffective as that offer had been terminated by the counter offer.Neale v MerrettAn offer to sell land at ￡280 was accepted at the full price, enclosing ￡80 and an undertaking to pay the balance by instalment. This conditional acceptance of the offer had terminated it so no legal contract existed.Stevenson v MacleanM offered to sell iron ‘at ￡2.00 net cash per ton till Monday’.Monday: S telegraphed to ask if M would accept ￡2.00 for delivery over 2 months or, if not, longest limit M would give.10.01: M receives telegram.1.34pm: S accepts by telegram.M had sold to someone else. Advised S by telegram sent at 1.25pm which arrived at 1.46pm.Court held S’s first telegram was a request for information not a counter offer which did not terminate the original offer. A valid contract existed.Byrne v Van Tienhoven1 October offer letter posted in Cardiff8 October revocation letter posted in Cardiff11 October offer letter received in New York. Telegram of acceptance sent. 15 October letter confirming acceptance posted in New York20 October revocation letter received in New YorkHeld: the letter of revocation could not take effect until actually communicated on 20 October. There was a binding contract.Carlill v Carbolic Smoke Ball Co.The Carbolic Smoke Ball Co advertised their product during an influenza epidemic as being able to stave off the flu. If anybody used their smoke ball in accordance with the printed instructions and caught the flu they would pay the individual ￡100. To show their good faith they deposited a sum of money with their b