Law Case study

It is a Law case study. This case study is based on whether Advertisement constitute an offer or invitation to treat.

1. CASE STUDY ON HARRIS V. NICKERSON(1873) Made by :- Shubham Bhatnagar Enrolment no.-05917003918 MBA Div.A (1 st Shift)

2. HIGHLIGHTS OF THE CASE

3. Facts about the Case

4. Issues Involved?

5. What their lawyers said? Macrae Moir , for the defendant , contended that it was clear that the mere advertising of a sale did not amount to a contract with anybody who attended the sale that any particular lot, or class of articles advertised, would be put up for sale. Warton , for the plaintiff , contended that the advertisement of the sale by the defendant was a contract by him with the plaintiff, who attended the sale on the faith of it, that he would sell the property advertised according to the conditions; and the withdrawal of the property after the plaintiff had incurred expenses in consequence of the advertisement was a breach of such contract. A reasonable notice of the withdrawal, at all events, ought to have been given.

6. The Judgement… Blackburn, J. founded his judgment that "any one who advertises a sale by publishing an advertisement [would become] responsible to everybody who attends the sale for his cab hire or travelling expenses“. Quain and Archibald, JJ. also drew public policy arguments, emphasising that there existed no authority on which to base a decision that the Defendant be liable to indemnify all those who attended his auction. The court held unanimously that the advertisement did not constitute an offer, but rather was a mere declaration of intent to sell the goods. Therefore, Harris lost the case.

7. Conclusion The case established that an advertisement that goods will be put up for auction does not constitute an offer to any person that the goods will actually be put up, and that the advertiser is therefore free to withdraw the goods from the auction at any time prior to the auction. So, we can say Auction is not an offer, but it is an invitation to offer.

8. Suggestions