1. If goods are advertised or displayed on a retailer’s website, does this website constitute an invitation to treat or an offer? See the detailed discussion in Poole, 2.3.2.3.
2. Might it be argued that the unilateral offer to hold an auction without reserve could be accepted by all those who bid at such an auction, but that only the highest bona fide bidder would suffer loss in the event of breach and be entitled to recover damages? See the discussion in the notes relating to the decision of the Court of Appeal in Barry v Davies [2000] 1 WLR 1962 (below).
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