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A stalking horse offer, agreement, or bid is a bid for a bankrupt firm or its assets that is arranged in advance of an auction to act, in effect, as a reserve bid. [ 1 ] [ 2 ] The intent is to maximize the value of its assets or avoid low bids, as part of (or before) a court auction .
For now, the company has entered into a “stalking horse” sale agreement with its lenders, which will establish a minimum value for Bird’s assets. A sale of those assets is expected to happen ...
The court ruled that Felthouse did not have ownership of the horse as there was no acceptance of the contract. Acceptance must be communicated clearly and cannot be imposed due to silence of one of the parties. The uncle had no right to impose a sale through silence whereby the contract would only fail by repudiation.
An agreement for the purchase of a horse had been completed between buyer and seller. Following the completion of the contract, the seller made a warranty that the horse was "free from vice". Upon delivery, it was discovered by the buyer that the horse was vicious in behaviour. The buyer consequently sued.
The case regarded a mistake made by Mr. Hughes, a horse trainer, who bought a quantity of oats that were the same as a sample he had been shown. However, Hughes had misidentified the kind of oats: his horse could not eat them, and he refused to pay for them. Smith, the oat supplier, sued for Hughes to complete the sale as agreed.
In business, a trojan horse is an advertising offer made by a company that is designed to draw potential customers by offering them cash or something of value for acceptance, but following acceptance, the buyer is forced to spend a much larger amount of money, either by being signed into a lengthy contract, from which exit is difficult, or by having money automatically drawn in some other method.
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