FACTS
The defendant, a wine merchant, distributed a catalogue with product prices. The plaintiff placed an order for several bottles of wine based on the catalogue. When the defendant declined to fulfil the order, the plaintiff claimed that a contract had been formed.
ISSUES
Whether the price list constituted an offer to sell wine at a certain price or an invitation to treat?
JUDGMENT
It was held that the price list should be seen as an invitation to treat, not as an offer. Treating it as an offer would imply that the defendant is obligated to supply an unlimited amount of wine at the specified price upon receiving an order. Therefore, the list is viewed as an invitation for customers to express their intention to purchase wine at the stated prices, allowing the merchant the discretion to accept or reject such offers. Consequently, the defendant wine merchant was not compelled to deliver the wine requested by the customer.
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