Revocation of a Unilateral Contract Flashcards
Revoking a unilateral contract
Can be revoked anytime prior to acceptance, but not after
Revoking a Unilateral Contract: 3 Views
Traditional View: Offers can be revoked anytime prior to acceptance. In some cases, the act of tendering (HERE HERE HERE) is the completion of the act (unfair)
Newer View: Bilateral K formed with the beginning of performance. If the O’E starts performing, the unilateral contract turns into a bilateral contract. The O’E is also bound and cannot stop after starting performance.
Majority View: Once OE starts to perform/tender performance, that offer becomes irrevocable for a reasonable amount of time
Preparation
In the newer and majority view, it’s important to know when performance started. Mere preparation is not enough.
Ex: If you’re putting on your shoes to run, you’re still preparing → offer can still be revoked