Contract between the auctioneer and the highest bidder
Case 1: No, he accepted the offer by entering in to the auction
It was held by the Court of Appeal that there was a collateral contract between the auctioneer and the highest bidder. The offer was made by the auctioneer to sell to the highest bidder, and this was accepted when the bid was made.
Case 2: Offer was misrepresented.
It was held by the Court of Appeal that the Spice Girls had made a misrepresentation by conduct in that all of the members participated in a commercial photo shoot, at considerable cost to the defendants, at a time when they knew that one member was to leave. They also engaged in other conduct, such as the supply of logos, images and designs, which included the five Spice Girls, which also amounted to misrepresentation.