Reading a Case Exercise 2
Answers
- For what REASONS did the court arrive at the decision it did?
The reasons or reasoning of the court should not be confused with the ratio decidendi.
Lord Goddard's reasons seem to be as follows:
Ordinary principles of common sense and commerce prevail, serious consequences would arise if the display was an offer and acceptance could be effected by picking up an article:
- on picking up an article a customer could insist on a shopkeeper letting him have the item;
- a customer could never change his mind and put the item back on the shelf;
- reasoning by analogy - the example of the bookshop - a refusal to accept an offer made by a customer if only book remaining.
Leaves the shopkeeper with a choice - either to accept or reject;
- state of existing law - no reason to change general principle because of advent of self-service system.
Perhaps explore some of the methods used by judges in arriving at their decisions, eg use of the analogy. - on picking up an article a customer could insist on a shopkeeper letting him have the item;