Fisher v Bell [1961] 1 QB 394 is an English contract law case concerning the requirements of offer and acceptance in the formation of a contract. The case established that, where goods are displayed in a shop, such display is treated as an invitation to treat by the seller, and not a contractual offer. [1] [2] The offer is instead made when the customer presents the item to the cashier together with payment. Acceptance occurs at the point the cashier takes payment.
The defendant displayed a flick knife in the window of his shop next to a ticket bearing the words Ejector knife – 4s, (i.e. four shillings).
Under section 1 of the Restriction of Offensive Weapons Act 1959 (which was expanded in 1961, after this case finished, to deal with the gap in the law):
(1) Any person who manufactures, sells or hires or offers for sale or hire, or lends or gives to any other person—
(a) any knife which has a blade which opens automatically by hand pressure applied to a button, spring or other device in or attached to the handle of the knife, sometimes known as a “flick knife” or “flick gun”; or
(b) any knife which has a blade which is released from the handle or sheath thereof by the force of gravity or the application of centrifugal force and which, when released, is locked in place by means of a button, spring, lever, or other device, sometimes known as a “gravity knife”
shall be guilty of an offence ... and in the case of a second or subsequent offence to imprisonment for a term not exceeding six months or to a fine not exceeding...or to both such imprisonment and fine. [3](2) The importation of any such knife as is described in the foregoing subsection is hereby prohibited.
In late 1959, the claimant, a chief inspector of police, brought an information against the defendant alleging he contravened section 1(1) by offering the flick knife for sale.
At first instance, the prosecution submitted that the defendant had displayed the knife and ticket in the window with the objective of attracting a buyer, and that that constituted an offer of sale sufficient to create a criminal liability under section 1(1) of the Act. For the defence, Mr Obby Simakampa submitted that the display was not sufficient to constitute an offer. The judges at first instance found that displaying the knife was merely an invitation to treat, not an offer, and thus no liability arose. The prosecution appealed.
The Divisional court dismissed the appeal. Lord Parker CJ stated there was no offence because there was no "offer for sale". Although the display of a knife in a window might appear to "lay people" to be an offer inviting people to buy it, and that it would be "nonsense to say that [it] was not offering it for sale", whether an item is offered for the purpose of the statute in question must be construed in the context of the general law of the country. This, he said, clearly established that merely displaying an item constituted an invitation to treat. He also read the statute on an exclusive construction ( inclusio unius est exclusio alterius ), noting that other legislation prohibiting the sale of weapons referred to "offering or exposing for sale" (emphasis added). The lack of the words exposing for sale in the Restriction of Offensive Weapons Act 1959 suggested that only a true offer would be prohibited by the Act.
The 1959 Act was almost immediately amended by the Restriction of Offensive Weapons Act 1961 section 1 to add (to the offence) or exposes or has in his possession for the purpose of sale or hire, which remains the law. [4] A similar shopkeeper would today be successfully prosecuted. The principles of offer and acceptance in the case remain good law.
Almost identical drafting errors in other statutes were addresses in Partridge v Crittenden [5] and British Car Auctions v Wright. [6]
A switchblade is a pocketknife with a sliding or pivoting blade contained in the handle which is extended automatically by a spring when a button, lever, or switch on the handle or bolster is activated. Virtually all switchblades incorporate a locking blade, a means of preventing the blade from being accidentally closed while in the open position. An unlocking mechanism must be activated in order to close the blade for storage.
In common law, battery is a tort falling under the umbrella term 'trespass to the person'. Entailing unlawful contact which is directed and intentional, or reckless and voluntarily bringing about a harmful or offensive contact with a person or to something closely associated with them, such as a bag or purse, without legal consent.
A ballistic knife is a knife with a detachable blade that can be ejected to a distance of several meters/yards by pressing a trigger or operating a lever or switch on the handle. Spring-powered ballistic knives first appeared in books and press reports on Soviet and Eastern Bloc armed forces in the late 1970s. Commercially-produced ballistic knives briefly gained notoriety in the United States in the mid-1980s after they were marketed and sold in the United States and other Western countries. Since then, the marketing and sale of ballistic knives to civilians has been restricted or prohibited by law in several nations.
Assault occasioning grievous bodily harm is a term used in English criminal law to describe the severest forms of battery. It refers to two offences that are created by sections 18 and 20 of the Offences against the Person Act 1861. The distinction between these two sections is the requirement of specific intent for section 18; the offence under section 18 is variously referred to as "wounding with intent" or "causing grievous bodily harm with intent", whereas the offence under section 20 is variously referred to as "unlawful wounding", "malicious wounding" or "inflicting grievous bodily harm".
In criminal law, incitement is the encouragement of another person to commit a crime. Depending on the jurisdiction, some or all types of incitement may be illegal. Where illegal, it is known as an inchoate offense, where harm is intended but may or may not have actually occurred.
Offer and acceptance are generally recognized as essential requirements for the formation of a contract. Analysis of their operation is a traditional approach in contract law. This classical approach to contract formation has been modified by developments in the law of estoppel, misleading conduct, misrepresentation, unjust enrichment, and power of acceptance.
In criminal law, a mistake of fact may sometimes mean that, while a person has committed the physical element of an offence, because they were labouring under a mistake of fact, they never formed the mental element. This is unlike a mistake of law, which is not usually a defense; law enforcement may or may not take for granted that individuals know what the law is.
Malfeasance in office is any unlawful conduct that is often grounds for a just cause removal of an elected official by statute or recall election, or even additionally a crime. Malfeasance in office contrasts with "misfeasance in office", which is the commission of a lawful act, done in an official capacity, that improperly causes harm; and "nonfeasance in office", which is the failure to perform an official duty.
Partridge v Crittenden [1968] 1 WLR 1204 is an English legal case which was heard by a divisional court of the Queen's Bench Division of the High Court of England and Wales on appeal from Chester magistrates' court, and is well known for establishing the legal precedent in English contract law that advertisements are usually considered to be invitations to treat.
Murder is an offence under the common law legal system of England and Wales. It is considered the most serious form of homicide, in which one person kills another with the intention to unlawfully cause either death or serious injury. The element of intentionality was originally termed malice aforethought, although it required neither malice nor premeditation. Baker states that many killings done with a high degree of subjective recklessness were treated as murder from the 12th century right through until the 1974 decision in DPP v Hyam.
In the English law of homicide, manslaughter is a less serious offence than murder, the differential being between levels of fault based on the mens rea or by reason of a partial defence. In England and Wales, a common practice is to prefer a charge of murder, with the judge or defence able to introduce manslaughter as an option. The jury then decides whether the defendant is guilty or not guilty of either murder or manslaughter. On conviction for manslaughter, sentencing is at the judge's discretion, whereas a sentence of life imprisonment is mandatory on conviction for murder. Manslaughter may be either voluntary or involuntary, depending on whether the accused has the required mens rea for murder.
Spencer v Harding (1870) LR 5 CP 561 is an English contract law case concerning the requirements of offer and acceptance in the formation of a contract. The case established that an offer inviting tenders to be submitted for the purchase of stock did not amount to an offer capable of acceptance to sell that stock, but rather amounted to an invitation to treat.
Knife legislation is defined as the body of statutory law or case law promulgated or enacted by a government or other governing jurisdiction that prohibits, criminalizes, or restricts the otherwise legal manufacture, importation, sale, transfer, possession, transport, or use of knives.
An offensive weapon is a tool made, adapted or intended for the purpose of inflicting physical injury upon another person.
English criminal law concerns offences, their prevention and the consequences, in England and Wales. Criminal conduct is considered to be a wrong against the whole of a community, rather than just the private individuals affected. The state, in addition to certain international organisations, has responsibility for crime prevention, for bringing the culprits to justice, and for dealing with convicted offenders. The police, the criminal courts and prisons are all publicly funded services, though the main focus of criminal law concerns the role of the courts, how they apply criminal statutes and common law, and why some forms of behaviour are considered criminal. The fundamentals of a crime are a guilty act and a guilty mental state. The traditional view is that moral culpability requires that a defendant should have recognised or intended that they were acting wrongly, although in modern regulation a large number of offences relating to road traffic, environmental damage, financial services and corporations, create strict liability that can be proven simply by the guilty act.
In English contract law, an agreement establishes the first stage in the existence of a contract. The three main elements of contractual formation are whether there is (1) offer and acceptance (agreement) (2) consideration (3) an intention to be legally bound.
An invitation to treat is a concept within contract law which comes from the Latin phrase invitatio ad offerendum, meaning "inviting an offer". According to Professor Andrew Burrows, an invitation to treat is
an expression of willingness to negotiate. A person making an invitation to treat does not intend to be bound as soon as it is accepted by the person to whom the statement is addressed.
Payne v Cave (1789) 3 TR 148 is an old English contract law case, which stands for the proposition that an auctioneer's request for bids is not an offer but an invitation to treat. The bidders make the offers which can be accepted by the auctioneer.
The purposive approach is an approach to statutory and constitutional interpretation under which common law courts interpret an enactment within the context of the law's purpose.
The Offensive Weapons Act 2019 is an act of the Parliament of the United Kingdom. The act addresses crimes related to acid attacks ; knife crime prevention orders; the sale of, delivery and possession of knives and other offensive weapons; and introduced further restrictions on firearms. It was introduced to Parliament as a government bill by Sajid Javid and Baroness Williams of Trafford of the Home Office.
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