Barry v Davies, Facts, Issue, Decison, Important Points

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This case is concerned with the auctions in the offer and acceptance chapter in contract law

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Facts of Barry v Davies

There were two brand new engine analysers for auction by the custom and excise, without a reserve price. The price of each machine was 14,521 pounds. As there was no reserve price the auctioneer failed to get the bid of 5000 pounds and 3000 pounds for each machine

The claimant bid at 200 pounds was rejected by the auctioneer and he took the machines out of the auction. Later these machines were sold at 1500 pounds in an advertisement.

The claimant brought an action against the auctioneer, that he was bound to give the machine to the highest bidder as there was no reserve price.

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