Changes Of Mind Flashcards
Payne v Cave (1789)
either party may change their mind and withdraw from
negotiations any time before there is acceptance
McKendrick Changes Of Mind
No English authority on whether revocation is effective when the letter/notice of
revocation is received by a business or when it is actually read –
The Brimnes (1975)
Court of Appeal held that a revocation was effective when it was
received on a telex machine during ordinary business hours. No requirement of it being
actually read.
Dickinson v Dods (1876)
communication through a reliable source(3rd party) is sufficient for revocation.
Shuey v USA (1875) (US case)
revocation can be affected by giving the same
prominence to the revocation as was given to the original offer. It does not need to be
specifically brought to the attention of the offeree.
Soulsbury v Soulsbury (2007)
In most cases revocation is not allowed where the
offeree has begun performing the term of a unilateral offer
Errington v Errington (1952)
revocation will not be allowed where the offeree has
started performing the terms of the offer of a unilateral contract provided they did not
leave performance uncompleted
Byrne v Tienhoven
Revocation must be communicated