Problem Question

In the tutorial class, we formed a group of 4 to discuss and answer the question below.

Problem question

2. Due to a rampant robbery in which the robbers used ski masks to cover their faces, the Cyberjaya Authority issued a regulation that makes it illegal to sell ski masks. as a safety measure, the rule also makes it illegal for anyone to offer for sale the ski masks. In spite of this, Messy has not cleared the ski masks from the shelves of his sport equipment shop in Cyberia. The authority officials came to know about this and later on charged Messy under the new regulation. Advise Messy according to Contracts Act 1950 and relevant decided case(s).

Answer:
In this case, it is just an invitation to treat. Since the ski masks are prohibited from selling in Cyberjaya but Messy still displaying this product at the shelves. This creates an invitation to make the offer, which is invitation to treat.

The case we could use here is Fisher v. Bell. The defendant displayed flick knives in his shop windows. He was then convicted of a criminal offence of offering such knives for sale. Display of any goods with a price tag on it in a shop window was not an offer but rather it was an invitation to treat.