Ndolo attended an auction conducted by Fagia Auctioneers Ltd. The auction goods were displayed in three different lots. However, Ndolo bid for the goods under a mistaken belief that he was bidding for all the goods. Eventually. When he went to collect the goods, he found only one lot reserved for him. Ndolo is aggrieved and seeks your legal advice.
Advise him. (6 marks)
ANSWER
• This problem is based on sale of goods by auction in lots
• Ndolo bid for the goods in the mistaken belief that he bidding for all lots and the hammer fell. The auctioneer reserved only one lot for him.
• My advise to Ndolo is that he has no actionable claim against Fagia Auctioneers Ltd. This is because the auctioneers have acted in accordance with the law. Under the provisions of the Sale of Goods Act where goods are put up for sale by auction in lots, each lot is prima facie deemed to be the subject of a separate contract of sale.
• My advise is based on the provisions of the Sale of Goods Act.