Revocation Flashcards
When can a proposal be revoked?
Any time before the communication of its acceptance is complete against the proposer
What are the main modes of revocation of an offer?
1) By notice of revocation; 2) By lapse of time; 3) By failure to fulfill a condition precedent; 4) By death or insanity of the proposer.
What is the significance of Henthorn v. Fraser (1892)?
Established the principle that acceptance by post is effective when posted, not when received.
How does the death of an offeror affect an offer?
An offer is revoked if the proposer dies or becomes insane, and the acceptor learns of this before acceptance
How does ‘lapse of time’ affect an offer?
If no time is prescribed, an offer lapses after a reasonable time without acceptance.
What was decided in Dickinson v. Dodds (1876)?
An offer can be revoked at any time before acceptance, even if a time for acceptance is specified.
Under what circumstances does the revocation of an offer become complete?
For the proposer, when it is out of their control. For the offeree, when it reaches them.
What is required for the ‘failure of a condition precedent’ to revoke an offer?
If the acceptor fails to meet a specified condition before acceptance, the offer is revoked.