Is the offer terminated?
- Created by: Zoe Adlam
- Created on: 24-03-21 10:09
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- Is the offer terminated?
- Death
- Death of an offeror means an offer will lapse unless not for personal services and offeree did no have notice (Bradbury v Morgan [1862]
- Death of an the offeree means an offer will lapse Reynolds v Atherton
- Lapse of time
- An offer will lapse after a 'reasonable time' Ramsgate Victoria Hotel Co. v Montefiore (1866)
- Where the offer specifies that it is open for a specified period of time, the offeror is free to withdraw at any time before acceptance. Routledge v Grant [1828]
- Exception - lock out agreements or specified period - Pitt v PHH Asset Management [1993]
- Revocation
- Bilateral
- The offeror can withdraw the offer at any point before it is accepted
- Routledge v Grant (1828)
- It must be communicated so the offeree knows not to accept
- Can be communicated by a 3rd part Dickenson v Dodds (1876)
- Postal rule doesn't apply - must be brought to offeree's mind Byrne v Van Tienhoven [1880]
- The offeror can withdraw the offer at any point before it is accepted
- Unilateral
- Can an offer be revoked after the offeree has begun to accept but prior to complete performance of the necessary act?
- Errington v Errington and Woods [1952]
- Luxor (Eastbourne) Ltd v Cooper [1941]
- Can an offer be revoked after the offeree has begun to accept but prior to complete performance of the necessary act?
- Bilateral
- Counter offer
- An attempt to create a contract on new terms which is deemed to be a rejection. The counter offer terminates the original offer
- The original offer is no longer available for acceptance at a later date
- Hyde v Wrench
- Stevenson, Jacques & McLean
- Failure of a condition which the offer was subject to
- Where the offer includes an explicit or implied condition and that condition is broken the offer is considered revoked
- Financing Ltd v Stimson [1962[] offer revoked as didn't remain in same condition
- Death
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