Harris v Nickerson

JurisdictionEngland & Wales
Year1865
Date1865
CourtCourt of the Queen's Bench
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8 cases
  • Adferiad Recovery Ltd v Aneurin Bevan University Health Board
    • United Kingdom
    • Queen's Bench Division (Technology and Construction Court)
    • 16 November 2021
    ...is one of the fairly rare exceptions to the general rule expounded in the leading cases of Spencer v Harding (1870) L.R. 5 C.P. 561 and Harris v Nickerson (1873) L.R. 8 Q.B. 286. I therefore agree that in all the circumstances of this case there was an intention to create binding legal obl......
  • Barry v Davies (t/a Heathcote Ball & Co) and Others
    • United Kingdom
    • Court of Appeal (Civil Division)
    • 27 July 2000
    ...for breach of warranty of authority. Moreover it was in fact clear in Warlow's case that the auctioneer was selling as an agent. 22 In Harris v Nickerson [1873] LR 8 QB 286 CA the Defendant an auctioneer, advertised a sale by auction of certain lots including office furniture on a certain d......
  • Blackpool and Fylde Aero Club Ltd v Blackpool Borough Council
    • United Kingdom
    • Court of Appeal (Civil Division)
    • 25 May 1990
    ...chose to accept any tender or other offer. For these propositions reliance was placed on Spencer v Harding (1870) LR 5 CP 561 and Harris v Nickerson (1873) LR 8 QB 18Secondly, Mr. Toulson submitted that on a reasonable reading of this invitation to tender the Council could not be understoo......
  • Neugebauer & Co Ltd v Hermann
    • South Africa
    • Appellate Division
    • 13 August 1923
    ...and a completed contract ensued. See Warlow v Harrison (29 L.J., Q.B. 14, 120 E.R., 925, 1 Ellis and Ellis 309); Harrison v Nickerson (L.R. 8 Q B. 286); Johnston v Boyes (supra); Rainbow v Howkins (1904 2 K.B. 322); McManus v Fortescue (1907, 2 K.B. 1); Benjamin on Sale (5th ed., p. 483); M......
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1 books & journal articles
  • Offer and Acceptance
    • Canada
    • Irwin Books The Law of Contracts. Third Edition Formation
    • 4 August 2020
    ...that the auctioneer’s receipt of a higher bid constitutes an implied rejection of the previous highest bid. 54 Harris v Nickerson (1873), LR 8 QB 286 [ Harris ]. 55 See Barry v Davies , [2000] 1 WLR 1962 (CA), conf‌irming dicta to the same effect in the much earlier authority, Warlow v Harr......

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