Weeks v Tybald (1605) Noy 11:
What is the case about?
In contract law, the presumption that parties to a commercial agreement intend to create legal relations can be rebutted when it is evident that no legal relations were intended. This is often seen in cases where the language used is overly vague, exaggerated, or presented as a “mere puff,” meaning an offer not intended to be taken literally or seriously. The law will not give its acceptance contractual effect.
What happened in Weeks v Tybald?
In Weeks v Tybald (1604), the defendant publicly declared he would give £100 to any suitable man who would marry his daughter with his consent. The plaintiff claimed that he married the defendant’s daughter and sued for the money.
However, the court held that his words were not meant to be taken seriously and did not constitute a legally binding promise. The court noted that it would not be reasonable to hold the defendant to “general words spoken to excite suitors.” This case illustrates how exaggerated or vague promises, especially when made in a non-serious context, do not create enforceable obligations.
A similar case
This principle also applies to advertising and promotional statements. In Carlill v Carbolic Smoke Ball Co (1893), the defendants argued that their advertisement, which promised £100 to anyone who used their product and contracted influenza, was just an advertising “puff” and not intended to be legally binding. However, the court found otherwise, emphasizing that the company had deposited £1,000 with their bankers as a show of sincerity, indicating that they intended the offer to be taken seriously. The deposit served as evidence of contractual intent, which distinguished the statement from a mere puff.
Summing up
In sum, while advertising statements are often viewed as non-binding puffs, they may become legally enforceable if there is clear evidence of intent to create legal obligations, as demonstrated in Carlill v Carbolic Smoke Ball Co.
List of references:
- https://www.lawteacher.net/cases/intention-cases.php
- https://fdvn.vn/wp-content/uploads/2020/03/luu-ban-nhap-tu-dong-2-5.pdf
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