Mr. Shyam started "Self-Service" system in his shop. Mrs. Rose entered the shop, took a basket and after taking article of her choice into the basket reached the cashier for payments. The cashier refused to accept the price. Can Mr. Shyam be compelled by Mrs. Rose to sell the said article? Decide.
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No, Mr. Shyam cannot be compelled by Mrs. Rose to sell the said article because an invitation to offer is an act which is done before making an offer.
- It is generally done with intention of inducing and negotiating.
- An invitation to offer gives rise to an offer after due negotiation.
- An invitation is only a proposal of certain terms on which he is willing to negotiate. It is not capable of being accepted as it is.
- In the instant case Mrs. Rose entered the shop, took a basket and after taking article of her choice into the basket reached the cashier for payments.
- The cashier refused to accept the price.
- The display of articles with a price in a self-service shop is merely an invitation to offer and not an offer for sale.
Therefore, Mrs. Rose cannot compel the cashier Mr. Shyam to sell the said article.
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