contract law question

leavo08 · 2009-01-07 19:31:12

Just wondering about a certain issue I stumbled across regarding contract law..I have found some of the other query's to be helpful so I hope someone might know about this. Books were advertised to be sold at an auction without reserve. A man gave the highest bid on the day of the auction, before the hammer fell, but the…

07-01-2009 07:31PM

#1
leavo08

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Posts: 41
Just wondering about a certain issue I stumbled across regarding contract law..I have found some of the other query's to be helpful so I hope someone might know about this.
Books were advertised to be sold at an auction without reserve. A man gave the highest bid on the day of the auction, before the hammer fell, but the owner instructed the auctioneer to withdraw the books. The lot was withdrawn and sold privately to another collector after the auction. Can the auctioneer or the owner be sued for breach of contract in this case?
Would appreciate any help, thanks!

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contract

law

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#2 07-01-2009 07:48PM

dermot_sheehan

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An auction constitutes a formal offer and not an invitation to treat (Smart Telecom v. RTE [2007] 1 IR 732), so acceptance by bidding ripens the offer into a contract.

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