termination
Part 3 - Termination of Offers
2012/// Filed in: Contract Law (UK)
Below are the most relevant principles and leading cases regarding “Termination of Offers:”
Financings Ltd v Stimson: When the offer is made subject to certain preconditions, the offer lapses is such conditions are not met.
Hyde v Wrench: A counter-offer terminates the original offer (i.e., the original offer is no longer available and the offeree cannot accept it unless the offeror makes a new offer on the same terms).
Payne v Cave: The offeror can withdraw (i.e., revocation is available) at any time until it is unconditionally accepted.
Dickinson v Dodds: The revocation of an offer must be communicated to the offeree and communication can be made by a third party. Once the offeree has knowledge of the revocation of the offer, the offer cannot be accepted.
Errignton v Errington: An offer for a unilateral contract cannot be revoked once the offeree has commenced performance and intends and is capable of completing performance.
Shuey V United States: Unilateral offers made by advertisement (public proclamation) in a printed publication can be revoked by a similar advertisement (i.e., it must be withdrawn through the same channel in which it was made).
Financings Ltd v Stimson: When the offer is made subject to certain preconditions, the offer lapses is such conditions are not met.
Hyde v Wrench: A counter-offer terminates the original offer (i.e., the original offer is no longer available and the offeree cannot accept it unless the offeror makes a new offer on the same terms).
Payne v Cave: The offeror can withdraw (i.e., revocation is available) at any time until it is unconditionally accepted.
Dickinson v Dodds: The revocation of an offer must be communicated to the offeree and communication can be made by a third party. Once the offeree has knowledge of the revocation of the offer, the offer cannot be accepted.
Errignton v Errington: An offer for a unilateral contract cannot be revoked once the offeree has commenced performance and intends and is capable of completing performance.
Shuey V United States: Unilateral offers made by advertisement (public proclamation) in a printed publication can be revoked by a similar advertisement (i.e., it must be withdrawn through the same channel in which it was made).