Question | Answer |
What is the general rule regarding revocation of an offer? | An offer can be revoked at any time prior to acceptance. The postal rule does not apply to revocations. |
What case illustrates that revocation is valid at any time prior to acceptance? | Payne v Cave |
What case illustrates that the postal rule does not apply to revocations? | Byrne and Co. v Leon van Tienhoven |
What case illustrates revocation is possible before both the fact and communication of acceptance? | Guardians of Navan Union v McLoughlin |
Can revocation be revoked by a party other than the offeror? Refer to case law. | Yes, any reliable source. Dickinson v Dodds. |
What is the exception? Refer to case law. | Where the revocation would have been communicated if the ordinary course of business were followed. Eaglehill Ltd. v Needham Ltd. |
What case showed that the prescribed course of acceptance had to be completed? | Walker v Glass |
What case showed lapse of time can terminate a contract? | Ramsgate Victoria Hotel v Montefiore |
What case showed communication of death terminated a contract? | Re Whelan |
What cases showed an offer can be terminated by failure of a condition? | Canning and Farquahar - serious injury terminated offer of life assurance. Financings Ltd. v Stimson - car damaged |
What cases relate to revocation of a unilateral offer? | Errington v Errington and Woods |
What case shows the offerer of a unilateral offer cannot prevent performance being satisfied in order to terminate the contract? | Daulia v Four Millbank Nominees |
What was the ratio in Shuey v US? | In a unilateral offer to the world at large, the revocation should take the same form as the offer, be for the same duration and have the same prominence. |
What was the ratio in Hyde v Wrench? | The general rule applies and rejection must be communicated |