Harris v Nickerson

Harris v Nickerson (1873) LR 8 QB 286 is an English law case concerning the requirements of offer and acceptance in the formation of a contract.

The Defendant placed an advertisement in London papers that certain items, including brewing equipment and office furniture, would be placed up for auction over three days in Bury St. Edmunds.

The court held unanimously that the advertisement did not constitute an offer, but rather was a mere declaration of intent.

Blackburn, J. founded his judgment on public policy grounds, calling it a "startling proposition" that "any one who advertises a sale by publishing an advertisement is now responsible to everybody who attends the sale for his cab hire or travelling expenses".

also drew public policy arguments, emphasising that there existed no authority on which to base a decision that the Defendant is liable to indemnify all those who attended his auction.