Sep 16, 2009

Auction:Traditional-Modern Before the Law

We can conclude that there are several chronologies in auctioning on Modern Way(Internet)and Traditional way. It is on the operation of offer-acceptance and valid contract established.

The said chronologies are as follows:
a) Offer- The bidders made a bid (the last and highest bids).
b) Acceptance- On the closed day of an auctioning as against the auctioneer.

Under the Sale of Goods Act 1979, section 57(2), the general rule is that the
auctioneer’s request for bids is an invitation to treat, and each bid is an offer. This section covered the traditional auction as an illustration for the concept of the modern auction today. It is:

a) Offer- The bidders made a bid (the last and highest bids).
b) Acceptance – On the fall of hammer.

So, at last, all the principles behind the traditional auction were applicable towards the modern auction neither on what it is named.
The principle were on:
Harris v. Nickerson (1873)-Advertisement was just An invitation to treat.
Payne v. Cave (1789)-The auction may revoke before the fall of hammer.
Section 3 of the Contract Act-offer&acceptance on its communication

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