Write short note on Auction Sales under the Sales of Goods Act, 1930.
CS Executive · Economic, Business and Commercial Laws · PYQS · June 2022
Write short note on Auction Sales under the Sales of Goods Act, 1930.
Answer & Explanation:
The auction sale is a public sale where bids are invited and goods are sold to the highest bidder. Presenting goods for auction sale is an 'invitation to make an offer'. When a bidder makes a bid, it is an 'offer' and 'sale is complete when the auctioneer accepts the bid. Auctioneer can accept bid in any of the following manners: By saying 1, 2 & 3. By saying going, going, gone. By fall of the hammer. Provisions relating to auction sale: Sale in lots: In the case of sale by auction, where goods are put up for sale in lots, each lot is prima facie deemed to be the subject of a separate contract of sale. Completion of sale: The sale is complete when the auctioneer announces its completion by the fall of the hammer or in other customary manner and, until such announcement is made, any bidder may retract/withdraw his bid. Right of the seller to bid: A right to bid may be reserved expressly by or on behalf of the seller and, where such right is expressly so reserved, but not otherwise, the seller or any one person on his behalf may, subject to the provisions hereinafter contained, bid at the auction; Where the sale is not notified to be subject to a right to bid on behalf of the seller, and bids are made by seller or on behalf of seller, such sale may be treated as fraudulent by the buyer. Reserved price: The sale may be notified to be subject to a reserved or upset price. Pretended to bid: When a seller appoints a person to make a bid on his behalf to get a higher price, it is known as pretended bidding. If the seller makes use of pretended bidding to raise the price, the sale is voidable at the option of the buyer.
Topics: Commercial Laws
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