A shop displays a jacket in its window marked £60. A customer says he will pay £60 and the shopkeeper refuses to sell. What is the legal position?
Answer and explanation
Correct answer: D. The display is an invitation to treat
- Step 1: Pharmaceutical Society v Boots and Fisher v Bell treat displays of goods as invitations to treat.
- Step 2: The customer's request is then the offer, which the shopkeeper is free to refuse.
Answer
The display is an invitation to treat.
Why not the others: A display is not an offer; Carlill concerned an advertisement showing intention to be bound; there is no counter-offer by the shopkeeper.
Practise more Formation, consideration and intention.
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