A shop-keeper displayed a pair of dress in the show-room and a price tag of ` 2,000 was attached tothe
dress. Ms. Lovely looked to the tag andrushed to the cash counter. Then she asked the shop-keeper toreceive the
paymentandpack up the dress. The shop-keeper refused to hand-over the dress toMs. Lovely in consideration of
theprice statedintheprice tagattachedtotheMs.Lovelyseeks youradvicewhether she cansuethe shop-keeper for
the above causeunderthe IndianContractAct,1872.
Answers
Answer:
Goods displayed of a shop window with a price label will amount invitation to offer since the shopkeeper making an invitation invites others to make an offer to him. It is prelude to an offer inviting negotiations or preliminary discussions.
MS. LOVELY IS NOT ENTITLED BY LAW AND HENCE SHE CANNOT FILE A LEGAL CHARGE AGAINST THE SHOPKEEPER AS IT WAS AN INVITATION TO OFFER.
Explanation: An invitation to offer is not a formal offer, but rather a statement of a person's desire to enter into contract negotiations.
As a result no specific party intends to enter into a contract in an invitation to offer. The seller may engage into a contract with whoever makes the best offer to him from the general public. The key of an invitation to make an offer is that the seller actually makes the offer.
I'd also like to back up my answer with some legal precedent., Lord GODDARD CJ said in Pharmaceutical Society of Great Britain v. Boots Cash Chemists Southern Ltd. that it would be incorrect to infer that a shopkeeper seeks to sell everything in his shop.
In other words, the buyer makes an offer, which the shopkeeper can accept or reject at his or her choice. The merchant may claim that he does not have enough stock of that particular item and so will not sell it.
Similarly, a banker's catalogue of charges is not an offer, and a person's auction is merely an invitation to offer, and he may not be responsible for the transportation costs that others may incur to go to the auction site if he cancels at the last minute.