''Harris v Nickerson'' (1873) LR 8 QB 286 is an
English law case concerning the requirements of
offer and acceptance
Offer and acceptance are generally recognised as essential requirements for the formation of a contract, and analysis of their operation is a traditional approach in contract law. The offer and acceptance formula, developed in the 19th century, id ...
in the formation of a
contract
A contract is a legally enforceable agreement between two or more parties that creates, defines, and governs mutual rights and obligations between them. A contract typically involves the transfer of goods, services, money, or a promise to tran ...
. The case established that an advertisement that goods will be put up for
auction
An auction is usually a process of buying and selling goods or services by offering them up for bids, taking bids, and then selling the item to the highest bidder or buying the item from the lowest bidder. Some exceptions to this definition ex ...
does not constitute an
offer
Offer or offers may refer to:
People
* Ofer Eshed or Offer Eshed (1942-2007), Israeli basketball player
* Offer Nissim (born 1964), Israeli house DJ
* Avner Offer, economic historian
* Dick Offer, English rower
* Jack Offer, English rower
* Steve ...
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. All three judges concurred but issued separate judgments.
Facts
The Defendant placed an advertisement in
London
London is the capital and largest city of England and the United Kingdom, with a population of just under 9 million. It stands on the River Thames in south-east England at the head of a estuary down to the North Sea, and has been a majo ...
papers that certain items, including brewing equipment and office furniture, would be placed up for auction over three days in
Bury St. Edmunds
Bury St Edmunds (), commonly referred to locally as Bury, is a historic market, cathedral town and civil parish in Suffolk, England.OS Explorer map 211: Bury St.Edmunds and Stowmarket Scale: 1:25 000. Publisher:Ordnance Survey – Southampton A ...
. The Plaintiff obtained a commission to buy the office furniture and expended time and expense to travel to Bury St. Edmunds to bid for the office furniture. On the third day, the lots for the office furniture were withdrawn. The Plaintiff sued for loss of time and expense. The judge at first instance found in favour of the Plaintiff. Leave was given to appeal to the
High Court.
The Plaintiff submitted that the advertisement constituted a contract between themselves and the Defendant that the latter would sell the furniture according to the conditions stated in the advertisement, and that accordingly the withdrawal of the furniture was a breach of contract. The Defendant submitted the advertisement of a sale did not constitute a contract that any particular lot or class of lots would actually be put up for sale.
Judgment
The court held unanimously that the advertisement did not constitute an offer, but rather was a mere declaration of intent. Blackburn, J. founded his judgment on public policy grounds, calling it a "startling proposition" that "any one who advertises a sale by publishing an advertisement is now 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 is liable to indemnify all those who attended his auction. The court upheld the appeal.
See also
*
Contract
A contract is a legally enforceable agreement between two or more parties that creates, defines, and governs mutual rights and obligations between them. A contract typically involves the transfer of goods, services, money, or a promise to tran ...
*
Offer and acceptance
Offer and acceptance are generally recognised as essential requirements for the formation of a contract, and analysis of their operation is a traditional approach in contract law. The offer and acceptance formula, developed in the 19th century, id ...
*
Auction
An auction is usually a process of buying and selling goods or services by offering them up for bids, taking bids, and then selling the item to the highest bidder or buying the item from the lowest bidder. Some exceptions to this definition ex ...
*''
Payne v Cave
''Payne v Cave'' (1789) 3 TR 148 is an old English contract law case, which stands for the proposition that an auctioneer's request for bids is not an offer but an invitation to treat. The bidders make the offers which can be accepted by the aucti ...
'' 3 TR 148
*''
Warlow v Harrison
Warlow is a municipality in the Ludwigslust-Parchim district, in Mecklenburg-Vorpommern, Germany
Germany,, officially the Federal Republic of Germany, is a country in Central Europe. It is the second most populous country in Europ ...
'' 1 E&E 295, 309, 28 LJ 18, auction without reserve
*''
Mainprice v Westley'' 6 B&S 420; 34 LJ (QB) 229
*''
Williams v Carwardine
''Williams v Carwardine'' 833EWHC KB J44is an English contract law case which concerns how a contract comes about through the offer of a reward. It also raises interesting questions about the necessity of reliance on an offer in the formation o ...
'' 4 B&Ad 621
*''
Spencer v Harding
''Spencer v Harding'' (1870) LR 5 CP 561 is an English contract law case concerning the requirements of offer and acceptance in the formation of a contract. The case established that an offer inviting tenders to be submitted for the purchase of ...
'' Law Rep 5 CP 561
*''
Barry v Davies
''Barry v Davies'' 000EWCA Civ 235 [20001 WLR 1962 is an English contract law case which established and confirmed that auction goods being sold without a reserve must be sold to a genuine highest bidder. The principle is subject to exceptions b ...
''
References
{{reflist
English agreement case law
1873 in case law
Lord Blackburn cases
1873 in British law
High Court of Justice cases
Auction case law