• Join over 1.2 million students every month
  • Accelerate your learning by 29%
  • Unlimited access from just £6.99 per month

Offers may be withdrawn at any time up until acceptance Discuss the extent to which you agree with this statement and analyse the rules which determine the validity of the withdrawal of an offer.

Extracts from this document...

Introduction

´╗┐Question : ? Offers may be withdrawn at any time up until acceptance? Discuss the extent to which you agree with this statement and analyse the rules which determine the validity of the withdrawal of an offer. The English law on the formation of contract generally requires there to be an offer and acceptance. By the presence of both only then a legally binding bilateral contract can be formed. It is not necessary for a contract to be in a written form. A contract is an exchange of promises and it lies fundamentally at the heart commercial transaction. Contract is an agreement between a person who makes an offer which is known as an offeror and a person who accepts the offer which is known as and offeree. An offer can be accepted or even rejected. ...read more.

Middle

Besides, the revocation of an offer does not have to be communicated by the offeror to the offeree personally as it could also be done by a reliable third party such as the offeror?s lawyer or agent. This was illustrated in the case of Dickinson v Dodds whereby the defendant offered to sell his house to the plaintiff and the offer was opened until the 12th June. But the defendant sold his house on the 11th June to a third party and the plaintiff heard about it through a fourth man and later accepts the offer. However, the Court of Appeal held that the offer had been revoked by the communication of a fourth man. In withdrawal of an offer, if an instantaneous method of communication such as fax, telax, or telephone was used to communicate it?s withdrawal, it will instantly take effect as shown in Entores v Miles . ...read more.

Conclusion

It is immaterial whether the offer is expressed to be open for acceptance for a given time or not. An offer can also be withdrawn if it was not properly addressed, stamped and posted. Last but not least, an offer can also be withdrawn when the specified length of period has ended. And if the offeror has not mentioned how long the offer will remain valid, it will also lapse after a reasonable length of time depending on the subject-matter of the contract. For perishable goods such as food, a "reasonable time" would likely be a matter of days. The "reasonable time" would be longer where the subject matter of the contract is a building. In conclusion, it is indeed true that offers may be withdrawn at any time up until acceptance, provided that the offeror followed the rules of a withdrawal. ...read more.

The above preview is unformatted text

This student written piece of work is one of many that can be found in our AS and A Level Law of Contract section.

Found what you're looking for?

  • Start learning 29% faster today
  • 150,000+ documents available
  • Just £6.99 a month

Not the one? Search for your essay title...
  • Join over 1.2 million students every month
  • Accelerate your learning by 29%
  • Unlimited access from just £6.99 per month

See related essaysSee related essays

Related AS and A Level Law of Contract essays

  1. Marked by a teacher

    Contract Law - Offer And Acceptance

    3 star(s)

    to sell council houses unless they were legally bound to do so. The council declined to sell to G. In the House of Lords, Lord Diplock stated that words italicised seem to make it quite impossible to construe this letter as a contractual offer capable of being converted into a

  2. Offer and Acceptance

    Sheena's case is similar to that of Lefkowitz v Great Minneapolis Stores, where a man was refused to be allowed to buy a fur coat on offer due to the advertisement was intended to be for women and therefore women to buy the item.

  1. Contract Law - offer and acceptance.

    invitation was in fact an offer, which was accepted by the plaintiff's submission of the highest valid bid. Similarly, the statement by Astonia PLC that the 'best offer received.... Will secure the machine,' is an undertaking to sell to the highest bidder as in the case of Harvela Investments Ltd v.

  2. DIFFEERENT AREAS OF CONTRACT LAW

    This meant that all operations of the mill ground to a halt and pursuer began to suffer financial losses. They raised action for loss of profits. The pursuers claim for damages was dismissed, this was because he had failed to inform the carrier about what he was carrying and the

  1. Dealing with problems of offer and acceptance.

    indicate that Rob intended to be bound by the first offer he received. 3. Offer by telephone by Rob As such, Tom offered to buy the car for ´┐Ż4,500, an offer that was rejected by Rob. However, he made a specific offer in reply that was capable of acceptance, namely

  2. Outline the basic rule of the law of contract regarding the effective revocation of ...

    adds: "I suppose there is no chance of moving it on the Saturday instead?" Jane only reads the e-mail after leaving a recorded message on Louise's answering machine in which she withdraws her offer. First, this is not a counter-offer Hyde v Wrench but a request for further information.

  1. ELEMENTS OF CONTRACT - OFFER AND ACCEPTANCE.

    Advice Alan. SUGGESTED ANSWER: In determining if it is reasonable to infer the existence of an agreement between Alan, Bob & Cerdic the language of offer and acceptance must be employed. The surrounding circumstances must be examine to ascertain if there is a firm offer followed by a final and unqualified acceptance of that offer.

  2. Law of Contract. With reference to case law, identify and discuss whether the ...

    Even so, sometimes, the unilateral offer may arise some problems because the offeror makes an offer to the whole world. According to the case: Carlill v Carbolic Smoke Ball Co. Led (1893, CA). (Adams, 2012) The manufacturers made an offer, which promised if the consumer still caught influenza after using

  • Over 160,000 pieces
    of student written work
  • Annotated by
    experienced teachers
  • Ideas and feedback to
    improve your own work