Belt Auction

Should John Brown refund Tom's traveling expenses? Give reasons for your answer (Detail below)?

The following information appeared in a daily newspaper. Property Services, No.56Newpark Sale town Public Auction Sale On January 25,2002 at 10:00 a.m. i will offer for sale on the date and at the place mentioned above the following vehicle: One 1999 Toyota Mini Bus Terms of Sale: (1) Strictly cash on the fall of the hammer. (2) Vehicle on view on the morning of the sale. (3) Vehicle will be sold as is where is. Tom who lived twenty miles away. drove to the address on the date specified with the intention of purchasing the minibus. On arrival he was told by the auctioneer that the bus was no longer available and was removed from the items to be auctioned. Tom became furious, threatened to sue fro breach of contract and demanded a refund of his traveling expenses.

Public Comments

1. No, he should not be refunded. Tom's action of driving to the auction side did not constitute an agreement to purchase the truck. He made the trip simply in order to have an opportunity to purchase it. If he had agreed with a seller on a price, and then the seller was not at the location when he arrived, money might be owed. Since there was no contract, there was no deal, and there should be no refund of expenses.