Hartog v Colin & Shields
| Jurisdiction | England & Wales |
| Date | 1939 |
| Court | King's Bench Division |
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71 cases
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Chwee Kin Keong and Others v Digilandmall.com Pte Ltd
...of the words would suggest, he cannot, by purporting to accept the offer, bind the offeror to a contract: Hartog v Colin & Shields [1939] 3 All ER 566; Smith v Hughes (1871) LR 6 QB 597. Thus the task of ascertaining whether the parties have reached agreement as to the terms of a contract c......
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RBTT (formerly known as the Nevis Co-operative Banking Company Ltd and the Caribbean Banking Corporation) Claimant v Almon Nisbett (by his Lawful Attorney, Masefield Nisbett) Defendant Almon Nisbett (by his Lawful Attorney, Masefield Nisbett) Claimant RBTT (formerly known as the Nevis Co-operative Banking Company Umited and the Caribbean Banking Corporation) Defendant [ECSC]
...have approached it from that position. 21 The leading cases on unilateral mistake areSmith v Hughes3 and Hartog v Colin and Shields [1939] 3 All ER 5664. Miss Harper has relied on the latter. These authorities indicate that a unilateral mistake is where only one party to a contract is mista......
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O'Neill v Ryan (No. 3)
...Galloway (1914) 30 T.L.R. 531. Grist v. Bailey [1967] Ch. 532; [1966] 3 W.L.R. 618; [1966] 2 All E.R. 875. Hartog v. Colin & Shields [1939] 3 All E.R. 566. Irish Life Assurance Co. Ltd. v. Dublin Land Securities Ltd. [1989] I.R. 253. Mespil Ltd. v. Capaldi [1986] I.L.R.M. 373. Monaghan Coun......
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Shogun Finance Ltd v Hudson
...that the natural meaning of the words would suggest, he cannot, by purporting to accept the offer, bind the offeror to a contract - Hartog v Colin and Shields [1939] 3 All ER 566; Smith v Hughes (1871) LR 6 QB 597. Thus the task of ascertaining whether the parties have reached agreement as ......
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2 firm's commentaries
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Make No Mistake About It: Part 36 Is Compatible With The Doctrine Of Mistake
...to have known) of the mistake. If the mistake is fundamental to the contract, the contract can be voided. Hartog v Colin & Shields [1939] 3 All ER 566 is an example of the principle and is part of the 'snapping up' line of case law. In Hartog the defendants mistakenly offered Argentine hare......
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Make No Mistake About It: Part 36 Is Compatible With The Doctrine Of Mistake
...to have known) of the mistake. If the mistake is fundamental to the contract, the contract can be voided. Hartog v Colin & Shields [1939] 3 All ER 566 is an example of the principle and is part of the 'snapping up' line of case law. In Hartog the defendants mistakenly offered Argentine hare......
7 books & journal articles
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Mistake
...it would appear that the mistaken party should not be precluded from relying on the objective theory of contract formation. 21 18 [1939] 3 All ER 566 (KB). See also McMaster University v Wilchar Construction Ltd (1971), 22 DLR (3d) 9 (Ont HCJ), aff’d (1973), 12 OR (2d) 512n, 69 DLR (3d) 400......
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Allocating the Risk of Software Failures in Automated Message Systems (Autonomous Electronic Agents)
...of contract’ (2004) 37(1) The Comparative and International LawJournal of Southern Africa 96 at 105–109.121Hartog v Colin & Shields [1939] 3 All ER 566.(2016) 28 SA MERC LJ226© Juta and Company (Pty) offer, he is said to have ‘snapped up a bargain’. Snapping up a bargain liesin taking advan......
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CONTRACT FORMATION AND MISTAKE IN CYBERSPACE — THE SINGAPORE EXPERIENCE
...integration (with the specific or particular), which must surely be the raison d’être of such pieces in the first instance. 108 [1939] 3 All ER 566. Cf, in particular, the court’s utilisation of the objective facts of prior negotiations as well as trade practice in aiding it to ascertain wh......
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Fixed Charges Over Book Debts
...s (1988) 58 P&CR 156.19 SmithvHughes (1870^1) LR6 QB 597; ScrivenBros & Co vHindley & Co [1913] 3 K B 564; Hartog vColin& Shields [1939] 3 All ER 566; OTAfricaLine Ltd vV| c k e r s p l c [1996] 1 L loyds Rep 700, 703. S eealso ChampionInvestments LtdvAhmed [2004] All ER (D) 28 (Aug).20 Tre......
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