Revoking Offer Flashcards
revocation
offeror’s retraction of an offer
power to revoke
offeror may revoke offer which effectively terminates offer and offeree’s power of acceptance
NOTE: only offeror may revoke
methods of revocation
- direct/explicit revocation
- implied revocation
direct/explicit revocation
unambigious statement by the offeror to offeree to revoke
indirect revocation
- offeree receives correct information
- from reliable source
- of offeror’s unambigious conduct indicating revocation
when is revocation effective?
upon receipt
offeree must be aware of revocation
attempted revocation is NOT effective revocation
Limitations on revocation
- only effective upon receipt
- cannot revoke after acceptance
- (unilateral ks) start of performance
irrevocable offers
- Option k
- UCC Firm Offer
- Detrimental reliance
- start of performance in unilateral k
option K
promise to keep an offer open
CL: consideration REQUIRED
UCC: consideration NOT required
UCC firm offer
merchant signed written offer that assures offer is irrevocable for stated time
NOTES:
* merchant’s own stationary = signed
* only offeror needs to be merchant
* if no time states, irrevocable up to 3 months (need to pay consideration for anything after)
detrimental reliance
reasonable + foreseeable reliance by offeree
NOT quitting your job because you’re getting a house
start of performance (unilateral k)
start of performance makes offer irrevocable for a reasonable time
NOT mere preparation