Spencer v Harding: 1870

Willes J considered what promise had been made where parties had bid in response to an advertisement, and the bidder sought to enforce the contract: ‘In the advertisement cases, there never was any doubt that the advertisement amounted to a promise to pay the money to the person who first gave information. The difficulty suggested was that it was a contract with all the world. But that,of course, was soon overruled. It was an offer to become liable to any person who before the offer should be retracted should happen to be the person to fulfil the contract, of which the advertisement was an offer or tender. That is not the sort of difficulty which presents itself here. If the circular had gone on, ‘and we undertake to sell to the highest bidder,’the reward cases would have applied, and there would have been a good contract in respect of the persons.’

Willes J
(1870) LR 5 CP 561
England and Wales
Cited by:
CitedCarlill v Carbolic Smoke Ball Co CA 7-Dec-1892
Unilateral Contract Liability
The defendants advertised ‘The Carbolic Smoke Ball,’ in the Pall Mall Gazette, saying ‘pounds 100 reward will be paid by the Carbolic Smoke Ball Company to any person who contracts the increasing epidemic influenza, colds, or any disease caused by . .
CitedBlackpool and Fylde Aero Club Ltd v Blackpool Borough Council CA 25-May-1990
The club had enjoyed a concession from the council to operate pleasure flights from the airport operated by the council. They were invited to bid for a new concession subject to strict tender rules. They submitted the highest bid on time, but the . .

Lists of cited by and citing cases may be incomplete.

Contract

Leading Case

Updated: 09 November 2021; Ref: scu.267727