Harvey v. Facey
[1893] AC 552; [1893] UKPC 1 · Judicial Committee of the Privy Council · 1893
PrincipleA quotation of price is an invitation to treat, not an offer.
Facts
Harvey telegraphed Facey: 'Will you sell us Bumper Hall Pen? Telegraph lowest cash price.' Facey replied: 'Lowest price for Bumper Hall Pen 900 pounds.' Harvey telegraphed that he agreed to buy at that price and asked for the title deeds. Facey refused to sell.
Held
The Privy Council held that Facey had answered only the second question - the price - and had not said he would sell. A mere statement of the lowest price is not an offer; it is at most an invitation to treat. Harvey's final telegram was itself an offer, which Facey never accepted.
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