Harris v Nickerson

Facts

An auction of furniture was advertised. The plaintiff travelled to it. The lots he wanted had been withdrawn.

Issue

Did the advertisement promise that those lots would be put up?

Held

No. Blackburn J said it would be startling if every advertiser had to pay the travelling expenses of everyone who turned up.

Principle

An advertisement of an auction is not an offer that the goods will be sold.

Why it matters

It keeps ordinary advertisements on the invitation-to-treat side of the line.

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