X, a customer picks up an article in a self service departmental store and takes it to the cash counter. Y a clerk at cash counter declines to sell. X files a suit against the shopkeeper. Decide.

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  • X, a customer picks up an article in a self service departmental store and takes it to the cash counter. Y a clerk at cash counter declines to sell. X files a suit against the shopkeeper. Decide.
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Answer:

X cannot file a suit against the shopkeeper as keeping an article in self service departmental store is only an invitation to make an offer and not an offer by itself. It is only an expression of willingness of shopkeeper to enter into contract with the customer. Thus articles kept in a shop are invitations to offer and not actual offers.

 

The facts of the case resemble the leading case Pharmaceutical Society of Great Britain Vs. Boots Cash Chemists (1953) Q.B. 401, wherein the Court held that the mere display of an article constitutes only an invitation to offer and not offer.

Last Updated On January 29, 2018
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