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

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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

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