Auction sales
The display of goods in an invitation to treat, the bidders make the offer and
the auctioneer accepts on behalf of the seller – Harris v Nickerson, Payne
v Cave, Sale of Goods Act 1979 s.57(2). Auctions ‘without reserve’ –
Warlow v Harrison.
Tenders
Offers are made by tenderers, and may be accepted by the party inviting the
tenders – Spencer v Harding, Great Northern Rail Co v Witham.
The sale of land
This generally needs to be evidenced in writing, and the courts tend not to
infer an offer as readily as with other sales – Harvey v Facey. Although
based generally on contract law, the area is largely regulated by Law of
Property Act 1925.
Non-standard situations
There are some situations which do not fit into the ‘normal’ picture of offer
and acceptance, but where a contract has clearly taken place.
- Multi-partite contracts: where parties making identical contracts with
one person are deemed to have contracted with each other – Clarke v
Dunraven. - Dealing with a machine, such as a vending machine or an automatic car
park barrier. The offer is said to be made by ‘holding the machine in
readiness for use’ – Thornton v Shoe Lane Parking Ltd. - Promotional campaigns and collateral contracts. Often a general offer is
made to give a ‘free’ item if a customer forms a contract of sale – Esso
v Commissioners of Customs and Excise.
Distance trading and electronic trading
See The Consumer Protection (Distance Selling) Regulations 2000 for
situations where the parties are not face to face, e.g. when dealing by
telephone, mail order, catalogue selling or the internet. Note that for these
regulations to apply trading is not done necessarily using electronic means
but sometimes can include this.
See The Electronic Commerce (E C Directive) Regulations 2002 for
situations where selling takes place by electronic means, e.g. over the
internet or interactive television service.
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