Hartog v Colin & Shields [1939] 3 All ER 566

 English Contract Law , Subjective approach, Mistake 

Court: High Court 

Case Opinion: Singleton J 

Fact: 

The defendant agreed to sell 30000 Argentine rabbit skin to the claimant per price which is £1250, but by mistake offered them at a price per pound (by weight). In the pre-sale negotiations, reference had always been made to the price per price and normally this type of skin were sold at price per price.The defendant refused to sell the plaintiff the skins per pound and the claimant sued for the breach of contract. 

Issue: 

where the contract binding? 

Held: 

Since the claimant could not reasonably have supposed that the offer contained the offeror’s real intention, there was no binding contract. 

Note: 

Subjective approach may be relevant under the snap up doctrine. 

There is duty to correct a mistake that is known to not be the real intention of the person making it. People cannot simply take advantage and ‘Snap up’ the offer.

Under the snap of doctrine an offeree does not allowed to accept an offer which he knows is mistaken as to its terms.






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