(A) Issue: The issue is whether all various goods on the shelves at Jimat Supermarket is an offer or invitation to treat and determine Farah supposed to pay those various goods in the trolley that she already put back on the shelves or not when she discovered that she had left her purse at home.
Law: Based on Section 2(a) of the Contract Act 1950, when one person signifies to another his willingness to do or to abstain from doing anything, with a view to obtaining the assent of that other to the act or abstinence, he is said to make a proposal. Under Section 9, offer can be express an implied. An offer can be made to a particular person where only the offeree can accept the offer and general public to anyone who meets all the terms of the proposal may accept the proposal. We can refer the case of Boulton v Jones for example of offer that can be made to a specific person and Carlil v Carbolic Smoke Ball for general public. Next, invitation to treat is a sort of preliminary communication. It is not an offer. Thus, there is no contract unless there is consideration. There were four examples of invitation to treat such as advertisement, display of goods, tender and auction. The relevant cases for advertisement were Harris v Nickerson, Coelho v The Public Services Commission, Majunder v AG Sarawak and Carlil v Carbolic Smoke Ball. Based on Farah situation, we need focusing on display of goods. Display of goods is not an offer. It is invitation to treat. It only becomes an offer at the cashier’s counter.
To support this statement we can refer to Pharmaceutical Society of Great Britain v Boots Cash Chemist Ltd case. The case begin when defendants were charged under the Pharmacy and Poisons Act which made it unlawful to sell certain poison unless supervised by a registered pharmacist. The issue is whether a sale had occurred when buyer put the displayed item on the basket. The held said, display of goods on shelf was only invitation to treat. Proposal was made by the buyer when she placed the item on the shopping basket. Thus, contract was formed at the cashier’s counter when payments was made. In this case, since there was a registered pharmacist, the defendant was not liable. Another case is Fisher v Bell. In this case said display of several kinds of flick knives in a glass shop window was only ITT.
Another relevant case was Patridge v Crittenden, the defendant placed an announcement in a classified section of a magazine offering some bramble finches for sale. Section 6 of Protection of Birds Act 1945 made it an offence to offer such birds for sale. He was charged and convicted of the offence and appealed against his conviction. The held stated the defendant’s conviction was quashed. The advert was invitation to treat not an offer. The literal rule of statutory interpretation was applied. Under Section 2(b) of Contract Act 1950, acceptance means when the offeree signifies his assent, the offer is said to be accepted. An offer if accepted becomes a promise. Under Section 2(c), calls the person accepting the offer as the promisee. There were two ways acceptance is made.
Firstly on Section 7(a), it said the acceptance must be absolute and unqualified. Example of qualified contract is subject to contract or subject to a formal contract being drawn up by solicitor. Any modification to the acceptance will amount to counter proposal. Definition of counter proposal is revocation of the original offer. It will give an effect which is it will destroy the original offer therefore it is not an offer and there is no contract. The relevant is Hyde v Wrench. Secondly, under section 7(b), acceptance must be expressed in usual and reasonable manner unless specify by the offeror. Silence does not means an acceptance. The relevant case is Felthouse v Bindley. Last but not least, acceptance must be communicated. There were four exception based on that statement.
- First, when the offeror dispensed with the need of communication of acceptance.
- Second, when there is an offer to the public communication of acceptance is not required. Performance of the condition of the offer is enough. We can look at Carlil v Carbolic Smoke Ball case.
- Third, reciprocal promises. The acceptance is complete even though the offeree did not communicate his acceptance.
- Fourth, acceptance through post.
Application: Based on Farah situation, all various goods on the shelves was display of goods. Display of goods is an invitation to treat so there was no contract occurred between Farah and Jimat Supermarket. Eventhough, Farah already filled the trolley with various goods and later put back the goods on the shelves, she can refused to pay when supermarket’s supervisor ask to because Farah do not make an offer to buy so there is no acceptance because acceptance will happen if offeree signifies his assent .An addition, an offer will be valid at the cashier’s counter.
Conclusion: As to conclude, Farah is not create a legally binding contract with Jumat Supermarket because she not make an acceptance. When there is an offer to the public, communication of acceptance is not required. Performance of the condition of the offer is enough. Even the goods already put in the trolley it doen’t mean that Farah signifies his assent to buy the goods. The offer only valid at the cashier’s counter not in the trolley.
2019-12-12-1576166929