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Barry v Davies [2001]

Facts

  • An auctioneer withdrew goods from an auction when a bid had been correctly placed
  • The auction was advertised as one without reserve

Issue

  • Could the auctioneer withdraw the item after the bid had been placed

Decision

  • No withdrawal

Reasoning

  • An auction without reserve is an offer to sell to the highest bidder
  • Although the contract does not involve the auctioneer, consideration is provided by the benefit to the auctioneer for increasing the price
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