Fisher v Bell [1961] QB 394

Material Facts:

The prosecutor, Fisher, brought an action against the defendant, Bell, for displaying a flick knife in open shelf with a price ticket. The defendant was charged for offering for sale the flick knife, an act contrary to section 1(1) of the Restriction of Offensive Weapons Act 1959.

Procedural History:

At the trial court, the case of the prosecutor was appealed on grounds that Bells display of goods was merely an invitation to treat and not an offer for sale. The prosecutor appealed.

Issue:

Whether or not the display of the flick knife constituted an offer for sale.

Holding:

The court held that the display of the flick knife was not offer for sale but an invitation to treat.

Ratio Decidendi:

The justices were of the opinion that Bell’s display of the flick knife was but an invitation to treat, and not a firm offer. The display of goods was only meant to influence possible buyers to make an offer to buy the displayed goods, and this can be accepted or rejected.

Comments:

What are your comments on this case and/or the ruling?