case review payne v cave
LAW 3112
CASE REVIEW
CASE: PAYNE v. CAVE 1789
SUBMITTED TO: Dr. Siti Salwani Razali
SUBMITTED BY
Abdullah Md Mohabbat 1112221
Abdul Wasey Faheem 1119949
(Section : 3) FACTS OF THE CASE
The defendant had made the highest bid in an auction. The defendant had withdrawn his offer before the auctioneer had knocked his hammer.
The plaintiff’s counsel opened the case with as: the goods were put up in one lot at an auction. There were several bidders of which the defendant was the last bidder. The defendant had bid 401. The auctioneer had dwelt on the bidding. As the auctioneer dwelt the defendant said, “Why do you dwell? You will get no more. The defendant said he was informed the worm weighed at least 1300 cwt and was worth more than 401. The defendant asked him if he could warrant it to weigh so much, and receiving a answer in the negative he then declared that he would not take it, and refused to pay for it. It was re-sold on the subsequent day’s sale for 301 to the defendant. Against which the action was brought for the difference.
ISSUES OF THE CASE
The issues in the case PAYNE against CAVE Saturday, May 2nd, 1789 are:
1. The highest bidder (the defendant) withdrew his offer before the hammer was knocked.
The hammer is put down to assure that the bidder’s bid is accepted and there are no more bids to come in. The time given between the bid being made and the hammer knocked is for other bidder’s to bid higher or the highest bidder to withdraw his offer. When a bidder bids an amount he is giving an offer and the offer is accepted when the auctioneer knocks his hammer. An offer can be withdrawn before it has been accepted.
2. Walton set aside the nonsuit, on the ground that the bidder was bound by the conditions of the sale to abide by his bidding, and could not retract.
The defendant when he started bidding he is to abide by the rules of the auction that is that the highest bidder will be the buyer of the property. He
CASE REVIEW
CASE: PAYNE v. CAVE 1789
SUBMITTED TO: Dr. Siti Salwani Razali
SUBMITTED BY
Abdullah Md Mohabbat 1112221
Abdul Wasey Faheem 1119949
(Section : 3) FACTS OF THE CASE
The defendant had made the highest bid in an auction. The defendant had withdrawn his offer before the auctioneer had knocked his hammer.
The plaintiff’s counsel opened the case with as: the goods were put up in one lot at an auction. There were several bidders of which the defendant was the last bidder. The defendant had bid 401. The auctioneer had dwelt on the bidding. As the auctioneer dwelt the defendant said, “Why do you dwell? You will get no more. The defendant said he was informed the worm weighed at least 1300 cwt and was worth more than 401. The defendant asked him if he could warrant it to weigh so much, and receiving a answer in the negative he then declared that he would not take it, and refused to pay for it. It was re-sold on the subsequent day’s sale for 301 to the defendant. Against which the action was brought for the difference.
ISSUES OF THE CASE
The issues in the case PAYNE against CAVE Saturday, May 2nd, 1789 are:
1. The highest bidder (the defendant) withdrew his offer before the hammer was knocked.
The hammer is put down to assure that the bidder’s bid is accepted and there are no more bids to come in. The time given between the bid being made and the hammer knocked is for other bidder’s to bid higher or the highest bidder to withdraw his offer. When a bidder bids an amount he is giving an offer and the offer is accepted when the auctioneer knocks his hammer. An offer can be withdrawn before it has been accepted.
2. Walton set aside the nonsuit, on the ground that the bidder was bound by the conditions of the sale to abide by his bidding, and could not retract.
The defendant when he started bidding he is to abide by the rules of the auction that is that the highest bidder will be the buyer of the property. He