I found the below mentioned question in the ICAI self evaluation system (CPT) which confused me, the system says that the answer NO, can anyone please clarify the answer for me.
N was shopping in a self-service super market. He picked up a bottle of orange squash from a shelf. While he was examining it the bottle exploded in his hand and injured him. Can N claim damages for the injury?
A) YES
B) NO
Please find attached herewith a screenshot of the said question.
Because it is not an offer to buy but an invitation to offer. Offeror is only invite us to buy. We have to choose to buy which is ultimately offer by us that we are buying that perticular thing after his acceptance contract is complete. hence offer made by us and therefore any damages we are suffered can not claim. Even if he does not give his concet or does not accepet our offer we can not buy. This is only situation in case of "Invitation to offer"
YOGESH KAPOOR AND ASSOCIATES
New Delhi
B.Com
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