Due to a rampant robbery in which the robber used ski masks to cover their faces, the cyberjaya Authority issued a regulation that makes it illegal to swll ski masks. As a safety measure, the rule also makes it illegal for anyone to offer for sale the ski masks. In spite of this, messy has not cleared the ski masks from the shelves of hid sport equipment shop in cyberia. The authority officials came to know about this and later on charged messy under the new regulation. Advise messy according to contracts Act 1950mm and relevant decided case (S).
whether (Messy) the owner not taking action on clearing the (Ski Masks) illegal goods and displaying them on the shelves of his shop in cyberia would amount to an offence committed ( offering an illegal item )
The contract Act 1950 , section 2 (a)
A proposal is made when a person:
1- signifies to another his willingness, to do or abstain doing anything.
2- with a view to obtain the assent of the other to such act or abstinence.
An offer must be distinguished from an invitation to treat. An invitation to treat is not a proposal therefore no binding obligation shall be taking in consideration. An invitation to treat is an offer to make an offer. there are a lot of kinds of ITT according to the given case it is an ITT (display of goods). When a good is dispalyed in a place no matter what it was no matter where it is, it is only an invitation to treat. once a customer picks the good then it implies the buyer is offering to buy the good. in this case displaying the ski masks on the shelves does not amount to offering any illegal item. It is simply just displayed
The case of fisher v. bell 1961 1 Qb 394
the keeper of a shop displayed a flick knife in the shop's window, the shop keeper was charged with an offence of offering to sell a flick-knife contrary to the offensive weapons Act (1959)
Lord Parker observed:
It is clear that, according to the ordinary law of contract , the display of an artical with a price on it in a shop window is merely an invitation to treat.
and the case of pharmaceutical society of great britain v. boot cash chemists 1952 2 all Er 456
A self-service shop sellnig drugs
court of appeal observed
No offence the defendant was not offering to sell drugs without supervision, the defendant was merely inviting the customer to choose items from the shelves and sale will take effect when the customer's offer to buy is accepted by the registered pharmacist as the counter
the advice to messy is to argue to the court that there was no offer, because displaying goods no matter what kind of items they were are merely an invitation to treat only...