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

Country:
United Kingdom
  • 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. 

Singleton J

  • 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”. 

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