Counsel
Ask an expert!
Legal, accounting and compliance advice from qualified professionals.
No, this case is not one of breach of contract and hence, you cannot claim any compensation from the auctioneer. The first and foremost requirement for a contract to exist is that there must have been an offer and the offer must be accepted. An auctioneer’s request to attend the auction and bid is not an offer. It is only an inv...
W Network
caMy problem is this: I saw an ad in the newspaper about an auction being held in Mumbai. The things being auctioned were of great interest to me and so I traveled to Mumbai to attend it. I live in Bangalore. Once I reached there I came to know that the person holding the auction is no longer auctioning the things that were mentioned in the Ad. I spent a lot of money on plane tickets and hotel booking on short notice and in the end, I was cheated. My question is that since he advertised the auction in the newspaper, isn’t he legally bound to carry it through? Someone told me that this can be considered the breach of contract. Is it true? Can I claim compensation from the person for the expenses I made?
-
W Network
caNo, this case is not one of breach of contract and hence, you cannot claim any compensation from the auctioneer. The first and foremost requirement for a contract to exist is that there must have been an offer and the offer must be accepted. An auctioneer’s request to attend the auction and bid is not an offer. It is only an invitation to offer. When a person actually bids on a thing, it becomes an offer which is then accepted by the auctioneer. An ad announcing that an auction will be held on a certain day does not bind the auctioneer to sell the goods, nor does it make him liable on contract to indemnify you for expenses incurred by you in order to attend the sale.
almost 3 years ago
View answer
My problem is this: I saw an ad in the newspaper about an auction being held in Mumbai. The things being auctioned were of great interest to me and so I traveled to Mumbai to attend it. I live in Bangalore. Once I reached there I came to know that the person holding the auction is no longer auctioning the things that were mentioned in the Ad. I spent a lot of money on plane tickets and hotel booking on short notice and in the end, I was cheated. My question is that since he advertised the auction in the newspaper, isn’t he legally bound to carry it through? Someone told me that this can be considered the breach of contract. Is it true? Can I claim compensation from the person for the expenses I made?
-
W Network
caNo, this case is not one of breach of contract and hence, you cannot claim any compensation from the auctioneer. The first and foremost requirement for a contract to exist is that there must have been an offer and the offer must be accepted. An auctioneer’s request to attend the auction and bid is not an offer. It is only an invitation to offer. When a person actually bids on a thing, it becomes an offer which is then accepted by the auctioneer. An ad announcing that an auction will be held on a certain day does not bind the auctioneer to sell the goods, nor does it make him liable on contract to indemnify you for expenses incurred by you in order to attend the sale.
almost 3 years ago
Looking to hire a professional from our handpicked community?
Explore our services, submit your request and let us do the rest for you.