Fisher v Bell
Fisher v Bell (1961)
Case Background:
This English contract law case deals with the important distinction between an offer and an invitation to treat.
It focuses on the display of goods in a shop window and whether that constitutes an offer to sell.
Facts of the Case:
Mr. Bell, a shopkeeper, displayed a flick knife in his shop window with a price tag.
Under the Restriction of Offensive Weapons Act 1959, it was illegal to offer such knives for sale.
Police charged Bell for “offering for sale” the flick knife.
Bell argued that displaying the knife in the window was not an offer but an invitation to treat.
Legal Issue:
Does the display of goods in a shop window constitute a legal offer to sell?
Or is it merely an invitation to treat, inviting customers to make an offer?
Judgment:
The court held that displaying goods in a shop window is not an offer, but an invitation to treat.
Therefore, Bell was not guilty of “offering for sale” under the law.
The actual offer is made by the customer when they ask to buy or take the goods to the cashier.
The shopkeeper then accepts or rejects the offer by processing the sale.
Principles Established:
Invitation to Treat vs Offer:
Invitation to Treat: An invitation for others to make offers (e.g., goods on display, advertisements).
Offer: A definite promise to be bound on acceptance.
Display of Goods:
Displaying goods in a shop window is generally an invitation to treat, not an offer.
Legal Importance:
This distinction is crucial because an offer can be accepted to form a contract, but an invitation to treat cannot.
Significance of the Case:
Fisher v Bell is a foundational case for understanding the difference between an offer and invitation to treat.
It protects shopkeepers from being forced into contracts just by displaying items.
It clarifies that the customer makes the offer when they attempt to buy.
Connection with Other Cases:
Partridge v Crittenden (1968): Advertisement of goods is also an invitation to treat.
Pharmaceutical Society v Boots (1953): Display of goods on shelves is an invitation to treat.
Application in Indian Contract Law:
Indian courts also recognize this distinction.
Displaying goods or advertisements are seen as invitations to treat, allowing sellers to accept or reject buyers’ offers.
Summary Table
| Aspect | Details |
|---|---|
| Case Name | Fisher v Bell (1961) |
| Legal Issue | Is displaying goods an offer or invitation to treat? |
| Court Decision | Display is an invitation to treat, not an offer |
| Principle Established | Offer ≠ Invitation to Treat |
| Importance | Clarifies contract formation process in sales |
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