Defendant mistakenly offered to sell Plaintiff objects at a price per pound per pound when they had meant to offer them at a price per piece and Plaintiff tried to enforce the mistakenly made offer.
Singleton J held that since Plaintiff must have known that the price was mistaken, he could not insist on the offer.
A party cannot accept and seek to take advantage from an offer which he must have known to be mistaken i.e. a “snapping up” case.
The mistake must be “material”.