The K-Zone: auction without reserve
An advertisement that some item or other will be sold by auction
is normally an InvitationToTreat, not an offer.
The bidder makes an offer which the auctioneer can accept or
decline.
However, if an auction is `without reserve', then the auctioneer
must sell to the highest bidder, that is, he
makes a unilateral offer to do so to the highest bidder. This offer
is in addition to the offer made by the bidder to the auctioneer.
See WarlowVHarrison1858 and
BarryVDavies2000.
ContractLaw
Law glossary index
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