At an auction of goods, the auctioneer brings down the hammer on the highest bid without speaking.…
Section 9 treats acceptance otherwise than in words as implied. Here, the auctioneer signals assent by bringing down the hammer. Section 64(2) of the Sale of Goods Act, 1930…
Choose your answer
At an auction of goods, the auctioneer brings down the hammer on the highest bid without speaking. Under section 9 of the Indian Contract Act, 1872, how is the auctioneer’s assent classified?
Answer and explanation
Correct answer B
Section 9 treats acceptance otherwise than in words as implied. Here, the auctioneer signals assent by bringing down the hammer.
Section 64(2) of the Sale of Goods Act, 1930 recognises the fall of the hammer as a customary announcement that an auction sale is complete.
Option feedback
Option A
The auctioneer communicates assent by an act, without spoken or written words in this example.
Option B
Bringing down the hammer signifies assent by conduct. Section 9 describes acceptance otherwise than in words as implied.
Option C
The hammer signals acceptance of the bid. The facts state no new terms.
Option D
The auctioneer actively communicates assent by bringing down the hammer.
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