Barry v Davies

Barry v Davies [2000] EWCA Civ 235 (http://www.bailii.org/ew/cases/EWCA/Civ/2000/235.html), [2000] 1 WLR 1962 is
an English contract law case which established and confirmed that auction goods being sold without a reserve must be sold to a
genuine highest bidder. The principle is subject to exceptions based on illegality, such as illicit goods, a seller without the right to
sell the goods, or a buyer without the money or right to buy the goods.

Contents
Facts
Judgment
See also
References

Facts
The auctioneer withdrew goods from an auction (the goods had no reserve price) when a bona fide (good faith, that is in this case
genuine) bid of £200 was effective. The court held that an auctioneer is bound to sell to the highest bidder where there is no
reserve price, and cannot withdraw the sale simply because the price is too low. A bid in an auction, the possibility of acceptance
of the bid, unless the bid is withdrawn, and the benefit to the auctioneer of driving up the price bid is sufficient consideration.
The contract in an auction is between the buyer and the seller, not the buyer and the auctioneer, although the buyer has a
collateral agreement with the auctioneer.

Judgment
The remedy is the difference between the contract (agreed) value, and the current market value of the goods — per the Sale of
Goods Act 1979 s51(3). The value in this case was £27,600.

See also
Invitation to treat
Harris v Nickerson
Warlow v Harrison
Sale of Goods Act 1979
Payne v Cave

References
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This page was last edited on 16 April 2019, at 00:45 (UTC).

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