• In the case of Gibbons v Proctor 1891 64 It 584, It is established that acceptance can be made without knowledge of the offer, but this is doubtful.

Facts of the Case

  • The Police put out an advertisement, offering a reward of £25 for information leading to the conviction of an offender.
  • The claimant, Mr. Gibbons (C), was oblivious to this reward and offered information to a third party, who was meant to relay the information to the person who made the advertisement.
  • Prior to the information reaching the person who made the announcement, Mr. Gibbons became aware of the advertisement and attempted to claim his reward.

Issues in Gibbions v Proctor 1891 64 It 584

  • Was Mr. Giboons entitled to the rewards despite no prior knowledge of the offer?
  • And was the advert an offer or invitation to treat?

Held by High Court

  • The claimant was entitled to claim the reward.

Judge 1

  • Mr. Gibbons’s delivery of information without being aware of the reward or offer was permitted to recover the reward.
  • Mr. Gibbons performed the terms of the contract without knowing about them, any claim that he accepted the contract comes by retrospective acceptance post the performance of the act.
  • This case would now act as a weak authority for saying that you can accept a contract in ignorance of an offer. because by the time the information reached the relevant party, Mr. Gibbons became aware of the offer.
  • Additionally, the advert was declared to be an offer, because it was put up without any scope for further negotiations on contract terms. – The offeree can either accept or decline the advertisement.

Exclusive Industry Scoop

  • This field is for validation purposes and should be left unchanged.