} Revocation Rejection- Example a counter-offer, Hyde v Wrench A second or subsequent offer- Pickfords v Celestica (2003) EWCA Civ 1741 Lapse of time- If no time limit is specified, the offer remains open for a reasonable time- Ramsgate Victoria Hotel v Montefiore (1866) LR 1 Ex 109- it was held that a delay of 5 months meant that an attempt to accept an offer to buy shares was ineffective. An offer can be revoked at any point before it is accepted- Payne v Cave (1789) 3 Term Rep 148 >Revocation of offer must be communicated. Communication of revocation can be done through a reliable 3rd party- Dickinson v Dodds (1876) 2 Ch D 463 (more details on the principles and case law authorities in next week's recorded lecture) 10 June-Dodds made an offer to sell a property to Dickinson, and promised to keep it open until 12 June. 11 June-Dickinson was told by a 3rd party that Dodds was negotiating with another person for the sale of the property. Dickinson tried to accept the offer on 11 June and in the morning of 12 June, but Dodds had already sold the property. The C of A held that acceptance was not possible because Dickinson knew that Dodds had revoked the offer, as it had been communicated to him. Acceptance is an unequivocal assent to all the terms of an offer. If an acceptance introduces new terms or variations, it is no longer an acceptance but becomes a counter-offer. A counter-offer is a rejection of an offer and renders it incapable of subsequent acceptance. Request for information is not a counter-offer. When parties contract on standard terms and there are conflicting terms, battle of the forms arises and there are various possible solutions and approaches. Acceptance can be by way of direct communication or by conduct. Silence cannot amount to acceptance in bilateral contracts. An offer can be terminated by revocation, rejection, subsequent offer or lapse of time. } Must not introduce new terms. Hyde v Wrench (1840) 3 Beav 334- · Defendant offered to sell a farm to Plaintiff for £1,000. . Plaintiff offered to buy the farm for £900. · Defendant rejected that offer. . Plaintiff then wanted to accept the initial offer of £1,000. . Defendant refused to go through with the transaction and Plaintiff sought specific performance. · Held -Plaintiff's offer of £900 was not an acceptance. It was a counter-offer and his final communication was not an acceptance of the original offer but a
further offer to buy at £1,000, which the defendant was at liberty to accept or reject. . A final and unqualified assent to all the terms of an offer. . The second stage of deciphering whether there has been an agreement. · Requires no particular formula. . Provides intention to be bound by the terms of an offer, which then becomes an agreement.