September 15 Briefs and Notes

September 15 Briefs and Notes - Monday Termination of the...

Info iconThis preview shows pages 1–3. Sign up to view the full content.

View Full Document Right Arrow Icon
Monday September 15, 2008 Termination of the Power of Acceptance Problem 18: He can back out because there was an offer for unilateral contract and he did partial performance, and he is the offeree so he is not bound; only the offeror is bound. Restatement of Contracts: Methods of Termination of the Power of the Acceptance 1. An offeree’s power of acceptance may be terminated by a. Rejection or counter offer by the offeree p.90 b. Lapse of time p. 82 c. Revocation by the offeror p. 87 d. Death or incapacity of the offeror or offeree p. 89 2. In addition, an offeree’s power of acceptance is terminated by the non-occurrence of any condition of acceptance under the terms of the offer. A. Revocation by the Offeror Problem 19: Hoover because the offer was revoked. 2 kinds of revocation: Direct rev: offeree learns directly from the offeror that there is no longer an intent to contract Indirect rev: offeree learns from a reliable person that the offeror has done something inconsistent with the offer, it can revoke the offer. Dickinson v. Dodds Court of Appeal, Chancery Division, 1876 Law: There is no requirement that an express or actual withdrawal of the offer is mandated. To constitute a K, the two minds were at one, at the same moment in time, there was an offer continuing up to the time of acceptance. If there was no such continuing offer, then the acceptance comes to nothing. Facts: On the10th of June Def Dodds signed and delivered a memorandum to Dickinson. Said memo contained language, agree to sell; for the sum of $800; and a description of real property. It also contained specific date, time of acceptance, Friday 9am (by his watch, J.D), June 12 th , 1874. PL discovered Df was eliciting the sale elsewhere and submitted a letter of acceptance to Df’s mother-in- law at 7:30 p.m. prior to the evening of the deadline. Df never received the letter. A duplicate was delivered to Df the next morning, but Df refused to accept it. Df had sold the property the previous day. Reasoning: Pl knew that Df was no longer minded to sell the property to him as plainly and clearly as Df had told him I withdraw my offer. Pl stated he heard that Df was seeking the purchase from another, and thinking that the Df could not withdraw his offer, Pl sought to fix him to it. Pl went to m-i-law’s with a letter of acceptance knowing that the Df had changed his mind. Although the offer was expressly left open to PL until 9 a.m. it did not bind Df until accepted. Pl did not accept and therefore no binding contract existed between the parties. Two minds were not in agreement at one time, the time of acceptance. Issue: Whether the time limit acts solely as an express offer to purchase, or whether Df is free to sell to another in lieu of a formal acceptance?
Background image of page 1

Info iconThis preview has intentionally blurred sections. Sign up to view the full version.

View Full DocumentRight Arrow Icon
Procedure: Pl Dickinson brought suit seeking specific performance of a supposed K; injunctive relief against conveyance; declaratory judgment that subsequent purchaser is a trustee. D. Ct. found for PL. Dismissed with cost to Df.
Background image of page 2
Image of page 3
This is the end of the preview. Sign up to access the rest of the document.

This note was uploaded on 10/20/2009 for the course CONTRACTS 108 taught by Professor Cox during the Fall '08 term at McMaster University.

Page1 / 7

September 15 Briefs and Notes - Monday Termination of the...

This preview shows document pages 1 - 3. Sign up to view the full document.

View Full Document Right Arrow Icon
Ask a homework question - tutors are online