If a reserve price is fixed1 by the seller and the sale or lot is expressed to be subject to a reserve, the auctioneer2 has no authority to sell below it3. If he purports to do so no contract is concluded between the seller and buyer as all bids amount only to conditional offers and any acceptance is similarly conditional on the reserve being reached or exceeded4. Moreover the auctioneer cannot be liable to the disappointed buyer for breach of any warranty of authority to sell to the highest bidder below reserve in the face of an express 'subject
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Definition of automatismAn act is done in a state of automatism if it is done by the body without control by the mind, (eg it is a spasm or a reflex), or if it is done by a person who is not conscious of what they are doing. The act may be described as involuntary, but will not be regarded as such
What is quia timet relief?Injunctions are generally awarded where a party has already suffered a wrong. For guidance on injunctions generally, see Practice Note: Injunctions—guiding principles. However, an injunction may be sought before a party's rights have been infringed on the basis that they
This Practice Note provides guidance on the interpretation and application of the relevant provisions of the CPR. Depending on the court in which your matter is proceeding, you may also need to be mindful of additional provisions—see further below.Note: this Practice Note does not deal with the
BREXIT: As of 31 January 2020, the UK is no longer an EU Member State, but has entered an implementation period during which it continues to be treated by the EU as a Member State for many purposes. As a third country, the UK can no longer participate in the EU’s political institutions, agencies,
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