British car auctions (BCA) v Wright, Facts, Issue, Decision

  • by

This case is concerned whether the auctions are offer or Invitation to treat (ITT).

Facts of British car auctions (BCA) v Wright

The Claimant was selling a car in Un-road Worthy condition. The Defendant brought claim against the claimant by saying that it was illegal to sell such a vehicle under Road Traffic Act 1972.

The Claimant argued that he was not making an offer because Auctions are generally Invitation to Treat (ITT)

Issue:

Whether auctions are Offer or Invitation to treat (ITT)

Decision:

It was held that auctions are generally Invitation to treat (ITT), but when there is a condition that the highest bidder would get the product, then it is an unilateral offer

But that was not the case here so the claimant was not liable

Related Readings

Harris v Nickerson

Chapleton v Barry

Barry v Davies

Harvela v Royal trust of canada

Blackpool v Blackpool