Court: Queen’s Bench Division
Judgment Date: 10 November 1960
Report Citation: [1960] 3 W.L.R. 919; [1961] 1 Q.B. 394
Case Analysis: Fisher v Bell
Fisher v Bell is a landmark case in contract law that deals with the issue of whether displaying an item in a shop window constitutes an offer or an invitation to treat. Fisher v Bell involved the sale of a flick knife, which was displayed in a shop window with a price tag.
The defendant, Mr. Bell, was charged with offering to sell a prohibited weapon contrary to the Restriction of Offensive Weapons Act 1959.
The central question in Fisher v Bell was whether the display of the knife in the shop window constituted a criminal offence.
Factual Background in Fisher v Bell
Mr. Bell, the defendant, was a shopkeeper who displayed a flick knife in his shop window with a price tag attached to it.
The knife was prohibited under the Restriction of Offensive Weapons Act 1959. The police officer, Mr. Fisher, saw the knife in the shop window and brought charges against Mr. Bell for offering to sell a prohibited weapon.
Judgment in Fisher v Bell
The case was heard in the Divisional Court of the Queen’s Bench Division. The court held that the display of the flick knife in the shop window with a price tag attached to it did not constitute an offer to sell.
Instead, it was considered an invitation to treat, which is an invitation for customers to make an offer to purchase the item.
The court found that the offence under the Restriction of Offensive Weapons Act 1959 required an actual offer to sell, which was not present in this case.
Reason for the Decision in Fisher v Bell
The court based its decision on the principle that the display of goods in a shop window is generally considered an invitation to treat rather than an offer.
An invitation to treat is an invitation for customers to make an offer to purchase the item, while an offer is a definite expression of willingness to enter into a contract on specific terms.
The court reasoned that the display of the flick knife with a price tag was merely an invitation for customers to make an offer, and it did not constitute a criminal offence under the Restriction of Offensive Weapons Act 1959.
The court also considered the practical implications of a different interpretation.
If the display of goods in a shop window were considered an offer, it would create legal obligations for shopkeepers to sell the displayed items to anyone who accepted the offer by entering the shop.
This would be impractical and could lead to unintended consequences. Therefore, the court concluded that the display of the flick knife in the shop window was not an offer but an invitation to treat.
