Invitation to Offer as per Indian Contract Act,1872.
pratik
(Querist) 09 March 2011
This query is : Resolved
1) Goods displaced in a shop window with a price label will amount to invitation to offer this answer is as per the Indian contract act, 1872. So can we say that if the goods displaced in a shop window with the price tagged or with the price would directly or indirectly amount to offer. As Per which case law it has been said that Goods displaced in a shop window with a price label will amount to invitation to offer?
Thanks In Advance.
God Bless U All.
pratik
(Querist) 09 March 2011
So sorry for the wrong statement posted.
I meant to say that if the goods displaced in a shop window without the price tagged would directly or indirectly amount to offer. As Per which case law it has been said that Goods displaced in a shop window with a price label will amount to invitation to offer?
Thanks In Advance.
God Bless U All.
Guest
(Expert) 10 March 2011
The statement of even the revised question still seems to be wrong, as there is a marked difference between "displace" a thing or "display" a thing.
If goods are displaced from its original place, the question of any offer does not arise.
Even if goods are displayed without a price tag that does not automatically mean all those goods are salable. Those goods can also be displayed to invite attention of the customers for their knowledge that such type of goods can also be made available to fulfill their need immediately or after acquisition from its source, if orders are received. Unless the order of a customer is accepted there arises no question of offer to sell.
pratik
(Querist) 10 March 2011
Thanks A Million Sirji Happy with the quick reply again thanks a million god bless u.
Sir PLS can u reply by below mentioned querie(S).
1) 1) What do u mean by doctrine of prospective overruling ? With the help of a suitable example pls Jurist.
2) I have heard that if any case whether criminal , civil, Tax matters, Divorce, Money case, Writ, SLP & any petition. If there are dismissed by the court than there are not treated as a binding precedent & can't further can't be used as a binding precedent. Or we can say that we can't say that we are fightining the case after referring that particular case laws which are dismissed by any court or tribunal in india.
Eg: Case of A in civil case regarding any matter or fact or substaniall question of law was dismissed by BHC (Bombay High Court). After Few years a advocate referred that case law & on that base he was defending the case which he was having. so the court said that he can't referred that case law or that case law in not binding precedent becasue it was dismissed by the court.
If the Word "Dismissed" arises in the judgement at last than we can't take that case law as a binding precedent.
pls clarify that which case are to be treated as binding precedent & which are not in any case whther tax matters, civil , criminal, SLP, writ petition, divorce, motor vehicle case any .
If possible with the example & case law(S) if any.
2) Also i have seen that advocate or lawyers used the words without prejudice, or with prejudice in their correspondence with the client or in any official letters. They say if we write without prejudice than the content of that letter or any notice can't be use as a evidence in the court or any ever in india . & if we use with prejudice means that particular content in the letter or notice can be used as the evidence in the court of law in india ? PLS elaborate where the abovementioned things are written or stated in any judgement of any apex court PLS.
pls do help me.
Thanks In Advance.
God Bless U All
