Invitation to offer does not Constitute an Offer

Karthik.T | Sastra Deemed University Thanjavur | 26th June 2020 

Harris Vs Nickerson

Facts:

In this case, the defendant had advertised news in London newspaper regarding an auction of his brewing material, plant, and some office furniture would be sold at Bury St. Edmunds over three specified days. The plaintiff was a commission broker in London like to purchase all the office furniture flown to Bury St. Edmunds on the third day at that time the defendant had withdrawn all the lots of the furniture. The plaintiff filed a suit for recovery of his all expenses and the time which he had wasted in attending the auction. The plaintiff sued the defendant for Breach of contract.

ISSUES:

1. Whether the advertisement placed by the defendant was a legally binding offer of sale, which has been accepted by the plaintiff by attending the auction
2. Whether it is a valid contract or not?

PLAINTIFF’s CONTENTION:

The plaintiff contended that there is an offer and he had accepted that offer by coming to the place of auction and the defendant had breached the contract so he should pay all the expenses caused to him.

DEFENDANT’s CONTENTION:

The defendant contended that there is no offer from his side it is only an invitation to offer. So the defendant is not liable to pay the expenses.

OBSERVATION:

The court observed that the advertisement was merely a declaration to inform all the potential purchaser that the sale will be taken place in so and so place and date and the invitation to offer does not constitute to an offer because it is an open invitation to all and anyone can come to buy the product and it is not a rule that all the things kept in the auction would be sold. So the defendant is not liable to pay any amount of compensation as there is no contract taking place between them.

 Invitation to offer does not constitute a valid offer and contract.

JUDGEMENT:

The court dismissed the case that there is no valid offer and invitation to offer does not constitute to offer and the defendant is nowhere liable to pay compensation for the plaintiff expenses.