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Contract law
A supply of information or a statement of intention
A statement made early in the negotiations is unlikely to be held to be a valid offer
and a statement of an intention to sell is not an offer. This would cover when a
possible selling price is given during initial discussions.
Illustration 3 – The offer
HARRIS v NICKERSON 1873
Facts:
An auction was advertised in a newspaper. A broker saw the advert and travelled
some distance to attend. The items he was particularly interested in had been
withdrawn from the sale. The broker claimed the advert was an offer for sale of
the various items and his attendance was an acceptance of that offer.
Held:
The advert was not an offer as it was not clear and definite that the auctioneers
wanted to sell the items.
If the auction is held without reserve, once the lot is put up by the auctioneer, it is
an offer to sell to the highest bidder and if withdrawn after the bid has been made
there will have been a breach of contract.
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