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]
      • 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]
    • 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


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