CASES for itt
Payne v Cave (1789)
The defendant made the highest bid for the plaintiff's goods at an auction
sale, but he withdrew his bid before the fall of the auctioneer's hammer. It
was held that the defendant was not bound to purchase the goods. His bid
amounted to an offer which he was entitled to withdraw at any
time before the auctioneer signified acceptance by knocking down the
hammer. Note: The common law rule laid down in this case has now been
codified in s57(2) Sale of Goods Act 1979.
Fisher v Bell (1960)
A shopkeeper displayed a flick knife with a price tag in the window. The
Restriction of Offensive Weapons Act 1959 made it an offence to 'offer for
sale' a 'flick knife'. The shopkeeper was prosecuted in the magistrates'
court, but the Justices declined to convict on the basis that the knife had
not, in law, been 'offered for sale’. This decision was upheld by the
Queen's Bench Divisional Court. Lord Parker CJ stated: "It is perfectly clear
that according to the ordinary law of contract the display of an article with
a price on it in a shop window is merely an invitation to treat. It is in no
sense an offer for sale the acceptance of which constitutes a contract."
PSGB v Boots (1953)
The defendants' shop was adapted to the "self-service" system. The
question for the Court of Appeal was whether the sales of certain drugs
were affected by or under the supervision of a registered pharmacist. The
question was answered in the affirmative. Somerville LJ stated that "in the
case of an ordinary shop, although goods are displayed, and it is intended
that customers should go and choose what they want, the contract is not
completed until, the customer having indicated the articles which he
needs, the shopkeeper, or someone on his behalf, accepts that offer. Then
the contract is completed."
Partridge v Crittenden (1968)
It was an offence to offer for sale certain wild birds. The defendant had
advertised in a periodical ‘Quality Bramble finch cocks, Bramble finch
hens, 25s each'. His conviction was quashed by the High Court. Lord
Parker CJ stated that when one is dealing with advertisements and
circulars, unless they indeed come from manufacturers, there is business sense
in their being construed as invitations to treat and not offers for sale. In a very
different context Lord Herschel in
Grainger v Gough (Surveyor of Taxes)
[1896] AC 325, said this in dealing with a price list: “The transmission of
such a price list does not amount to an offer to supply an unlimited
quantity of the wine described at the price named, so that as soon as
an order is given there is a binding contract to supply that quantity. If it
were so, the merchant might find himself involved in any number
of contractual obligations to supply wine of a description which he would
Payne v Cave (1789)
The defendant made the highest bid for the plaintiff's goods at an auction
sale, but he withdrew his bid before the fall of the auctioneer's hammer. It
was held that the defendant was not bound to purchase the goods. His bid
amounted to an offer which he was entitled to withdraw at any
time before the auctioneer signified acceptance by knocking down the
hammer. Note: The common law rule laid down in this case has now been
codified in s57(2) Sale of Goods Act 1979.
Fisher v Bell (1960)
A shopkeeper displayed a flick knife with a price tag in the window. The
Restriction of Offensive Weapons Act 1959 made it an offence to 'offer for
sale' a 'flick knife'. The shopkeeper was prosecuted in the magistrates'
court, but the Justices declined to convict on the basis that the knife had
not, in law, been 'offered for sale’. This decision was upheld by the
Queen's Bench Divisional Court. Lord Parker CJ stated: "It is perfectly clear
that according to the ordinary law of contract the display of an article with
a price on it in a shop window is merely an invitation to treat. It is in no
sense an offer for sale the acceptance of which constitutes a contract."
PSGB v Boots (1953)
The defendants' shop was adapted to the "self-service" system. The
question for the Court of Appeal was whether the sales of certain drugs
were affected by or under the supervision of a registered pharmacist. The
question was answered in the affirmative. Somerville LJ stated that "in the
case of an ordinary shop, although goods are displayed, and it is intended
that customers should go and choose what they want, the contract is not
completed until, the customer having indicated the articles which he
needs, the shopkeeper, or someone on his behalf, accepts that offer. Then
the contract is completed."
Partridge v Crittenden (1968)
It was an offence to offer for sale certain wild birds. The defendant had
advertised in a periodical ‘Quality Bramble finch cocks, Bramble finch
hens, 25s each'. His conviction was quashed by the High Court. Lord
Parker CJ stated that when one is dealing with advertisements and
circulars, unless they indeed come from manufacturers, there is business sense
in their being construed as invitations to treat and not offers for sale. In a very
different context Lord Herschel in
Grainger v Gough (Surveyor of Taxes)
[1896] AC 325, said this in dealing with a price list: “The transmission of
such a price list does not amount to an offer to supply an unlimited
quantity of the wine described at the price named, so that as soon as
an order is given there is a binding contract to supply that quantity. If it
were so, the merchant might find himself involved in any number
of contractual obligations to supply wine of a description which he would
