Question 2 OR (a) part ii
Auction advertised and withdrawn
4.5 marks
- Time to write
- About 9 minutes
From an older CBCS paper
Question
Question 2 OR (a) part ii · 4.5 marks- X advertised an auction of “Electronic Goods”, to be held at a specified time and place. On travelling to the auction place, Y came to know that the auction had been withdrawn. He sues X to recover compensation for his loss of time and his expenses. Will he succeed?
Reworded from the university paper; the task is the same. The original paper belongs to the University of Delhi. See DU's question bank.
Before you write
Read off the question and its marks
Read from the question
- Will he succeed…?A case problem: state the rule and its section, apply it to these facts, then answer in one line (yes or no, and why).
What the paper leaves open
The only copy of this paper found is cut off at the right edge of the page; the few words lost there are read from the sense and from the Hindi version of the question. Marked as one question of 9 marks; answered here in 2 parts of 4.5 marks each (marks inferred).
Write it in this order
- Read the facts; underline who did what, and the exact question 1 min
- 1 (ii) The withdrawn auction 4½ marks 8 min
Try it first. About 9 minutes for 4.5 marks. Write it out, then open the solution.
Solution
Hover or tap a marked figure, like 72,000, to see how it is made and where else it appears.
(ii) The withdrawn auction. An advertisement for a sale of goods by auction is only an invitation to offer: it invites bids, and the auctioneer does not contract with anyone who attends; it was so held in Harris v. Nickerson (1873). X's advertisement was not an offer that Y could accept by travelling to the place. No contract arose, so Y will not succeed in recovering compensation for his time and expenses.
Where the 4.5 marks sit
| # | Component | Marks |
|---|---|---|
| 1 | (ii) The withdrawn auction | 4.5 |
| Total | 4.5 |
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