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Harvey v. Facey | 1893 AC 552 (1893)
If a potential buyer and a potential seller agree on a price for the sale of something, does a contract exist? Queen Victoria’s Privy Council considered that question more than a century ago in Harvey versus Facey.
Adelaide Facey owned a parcel of land in Jamaica called Bumper Hall Pen. Her husband, L. M. Facey, whom we’ll call Facey, received a telegram from Harvey asking whether Facey would sell Bumper Hall Pen and requesting the lowest price at which he’d sell. Facey responded by telegram that the lowest price for Bumper Hall Pen was nine hundred British pounds but didn’t actually offer to sell or discuss any other terms. Harvey telegraphed that he agreed to buy the land for nine hundred pounds and requested that Facey send a title deed.
Harvey discovered that Facey was negotiating to sell Bumper Hall Pen to the City of Kingston. Harvey sued Facey, alleging breach of contract and seeking specific performance. The trial judge held that no valid contract existed and dismissed the suit. The court of appeal reversed, holding that a valid contract existed between Harvey and Facey. However, Harvey hadn’t established Facey’s authority to sell Adelaide’s land, so the court denied an order of specific performance. The supreme court affirmed. Jamaica was a British colony, so Harvey sought and was granted leave to appeal to Queen Victoria’s Privy Council, the highest court for colonial legal matters .
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