Explain the legal rules of auction sale relating to the following points as per provisions of the Sale of Goods Act, 1930: (A) Bid by seller with or…
CA Foundation · Business Laws · MTP · May 2026
Explain the legal rules of auction sale relating to the following points as per provisions of the Sale of Goods Act, 1930: (A) Bid by seller with or without notification (B) Bidder to retract from his bid (C) Effect of pretending bidding
Suggested Answer and Working Notes:
(a) Section 64 of the Sale of Goods Act, 1930 provides following rules to regulate the sale by auction: (A) Bid with notification: Right to bid may be reserved expressly by or on behalf of the seller and where such a right is expressly reserved, but not otherwise, the seller or any one person on his behalf may bid at the auction. Bid by seller without notification: Where the sale is not notified to be subject to a right to bid on behalf of the seller, it shall not be lawful for the seller to bid himself or to employ any person to bid at such sale, or for the auctioneer knowingly to take any bid from the seller or any such person; and any sale contravening this rule may be treated as fraudulent by the buyer. (B) Bidder to retract from his bid: The sale is complete when the auctioneer announces its completion by the fall of hammer or in any other customary manner. Until such announcement is made, any bidder may retract from his bid. (C) Effect of pretending bidding: If the seller makes use of pretended bidding to raise the price, the sale is voidable at the option of the buyer.
Topics: The Sale of Goods Act, 1930
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