Display of goods and auctions in pakistani case perspective
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A shopkeeper displayed a flick knife in his shop window with a price tag, but was acquitted of selling an offensive weapon because merely displaying an item is an invitation to treat, not an offer to sell. At an auction, the highest bidder can withdraw their bid at any time before the auctioneer accepts it by bringing down the hammer, as each bid is an offer that can be withdrawn until accepted. The auctioneer soliciting bids is an invitation to treat, and acceptance occurs when the hammer falls on the highest bid.
Display of goods and auctions in pakistani case perspective
- 1. 1. Display of Goods Ahad Aslam vs Almas Crockery A shopkeeper had a flick knife on display in his shop window, with a price tag on it. He was charged with the offence of offering for sale an offensive weapon, but was acquitted as; in fact; he had merely invited offers .Point of Law was an item displayed in a shop window is not an offer to sell but an invitation to treat. 2. Auctions Maimoon Waheed Barlas vs Muhammad Ahsan Mr. Barlas made the highest bid for Mr. Ahsan's goods at an auction. But then, Mr Barlas changed his mind and he withdrew his bid before the auctioneer brought down his hammer. It was held that the defendant was not bound to purchase the goods. His bid amounted to an offer which he was entitled to withdraw at any time before the auctioneer signified acceptance by knocking down the hammer. The court held that Mr Barlas was entitled to withdraw his offer at any time before the auctioneer accepted it. The auctioneer's request for bids was an invitation to treat, and each bid constituted an offer which could be withdrawn at any time until it's accepted, and finally, the fall of the auctioneer's hammer constituted acceptance of the highest bid.