IN THE COURT OF EXCHEQUER
CITATION: 2H AND N564
BENCH: JUSTICE POLLOCK, JUSTICE BRAMWELL, JUSTICE MARTIN, JUSTICE CHANNELL
INTRODUCTION
The concept of an offer is considered to be one of the most exciting and at the same time complex tasks to deal with for a lawyer. It is one of the very basic first steps that a person trying to study law needs to understand.
The case of Boulton vs Jones of the year 1857 plays a very significant role in understanding the complex study of offer and extracting the very best of knowledge from it.
FACTS OF THE CASE
The case briefs us about the situation that happened between Boulton and Jones.
Boulton who is an owner of a steam engine looking to sell the engine posts in the newspaper that the engine is up for sale with a fixed price. Jones when he saw the newspaper post sent a letter to Boulton expressing his interest in buying the engine from him at the advertised price. Boulton without replying back to Jones sends the engine to Jones.
When the engine reached Jones and he checked it he found out that the engine was not working properly and refused to pay the full amount that was advertised.
ISSUES FRAMED
- Is Jones liable to pay Boulton? Whether Boulton claim the amount of the goods which was used by the Jones?
- Whether there was a duty on Boulton to inform about the takeover of the Steam Engine to Jones?
ARGUMENTS BY BOTH PARTIES
Boulton argued that there was no contract because he had not accepted Jones’s offer.
On the other hand, Jones argued that a contract has been formed because Boulton has sent the engine to him
JUDGEMENT
The judgement given by the bench favoured Jones’s argument mentioning the contract between both parties was formed.
Boulton’s newspaper advertisement constituted an offer, and Jone’s letter expressing his intent to purchase the engine at the advertised price constituted acceptance of the offer. Boulton’s failure to respond to the letter did not invalidate the acceptance because Jones had met the acceptance requirements by expressing his intent to purchase the engine.
CONCLUSION
The case of Bouton vs Jones brings a very important thing to our notice about how an offer and the whole process of offer formation can be really important for every person studying law sticking to the very basics of the process of offer can make the process a whole lot easier and make the learning process a whole lot smoother considering the study of Law of Contracts is always incomplete without the process the offer not understood.
BY: ASHISH NAVAL SHUKLA
BENNETT UNIVERSITY
2ND YEAR
BBA LLB
