Mr. X sees a book displayed in a shelf of a book shop with the price tag

CASE STUDY : 5

Mr. X sees a book displayed in a shelf of a book shop with the price tag
of Rs.85. Mr, X tenders Rs.85 on the counter and asked for the book the
book seller refuses to sale saying that the book has already being sold
to someone else and he doesn’t have another copy of the book in the
stock. Is the book seller bound to sale the book to X?


Ans :
The given case is under the chapter of offer and invitation to an offer which means
the signification by one person to another of his willingness to enter in to a contract
with him on certain terms. It may be expressed or implied from the conduct of the
parties.
In this set case Mr. X wanted to purchase the book which is already sold to other
person therefore book seller refuses the proposal and refuse to sell the book
therefore x sue the bookseller.
Judgement :
As mentioned above as per the section 2(a) says when one person signifies to
another his willingness to do or to abstain from doing anything, with a view to
obtaining assent of that other to such act or abstinence, he is said to make a
proposal. Every expression of willingness of a person to enter into a contract may
not be an offer in the legal sense. Therefore, an offer must be distinguished from
invitation to offer. Many statements which appear to be offer are not really offers but
mere invitation to offer. In this case purchaser makes the offer. Books are not offers
and its already being sold to the other party hence it is not legal action to sale the
particular sold copy to the other party.
Therefore book seller is not bound to sale the book to X

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