Contract law - download pdf or read online

By Richard Stone

ISBN-10: 184314493X

ISBN-13: 9781843144939

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Sample text

Is his withdrawal effective? The normal rule about revocation of offers is that they will be effective provided they are communicated before the acceptance has taken effect (for example, Dickinson v Dodds (1876)),6 and that this is so even if the offeror has said that the offer will be kept open for a particular time (Routledge v Grant (1828)). This is so because no consideration has generally been given in exchange for the promise to keep the offer open, and it is therefore unenforceable. How does this apply to unilateral contracts?

Part (b): here, the issues are the question of acceptance by silence, communication of acceptance, communication of the revocation of an offer, particularly where it has been indicated that it will remain open until a particular date, and recall of a posted acceptance. Answer Part (a) In order to advise Peter, it is necessary to consider the status of the advertisement placed by Jane, that is, whether it is an offer or an invitation to treat, and, if it is an offer, whether it matters that Peter was ignorant of it at the time he found the bike.

5 This would be the result of applying the normal rule about acceptances, which is that once they are made they cannot be recalled. On the other hand, there does not seem to be any particular harm in allowing recall by a speedier means. 7 If the Adams v Lindsell rule does not apply to Wright’s letter, then of course he has no problem. His acceptance will not take effect until his letter arrives, and there is then no reason at all for stopping him telling Brown to ignore the letter. In conclusion, then, it seems that whatever analysis is applied, the most likely result is that there is no contract between Brown and Wright for the sale of the car.

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Contract law by Richard Stone

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