payment of the rent the option to renew the offer had lapsed and it could not

Payment of the rent the option to renew the offer had

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payment of the rent), the option to renew (the offer) had lapsed and it could not, thereafter, be accepted. Death Death of either party generally terminates an offer, particularly if acceptance would require the deceased to perform some obligation which he or she is no longer capable of performing. There are two exceptions to this general rule: if the offeror dies, the offer does not terminate until the fact of his or her death comes to the offeree’s notice. If the offeree accepts the offer before he or she becomes aware of the offeror’s death the acceptance is valid and the resulting contract may be binding on the offeror’s estate. If the contract requires some personal performance by the deceased it obviously cannot and will not be enforced but that is because the contract has been frustrated by the fact of death (see the discussion of frustration later in this guide); and where the offer was not specific and personal to a now deceased offeree it can be accepted by his or her estate for the benefit of the estate. Whether either exception applies in any individual case depends very heavily on the specific facts of that case. Supervening incapacity If an offeror becomes physically incapable of carrying out his or her obligations under the proposed contract between making the offer and the offeree accepting it, the offer will terminate. This is because the incapacitating event overturns any previously existing ‘promissory’ intention. 3.2.3 Requirements for a valid acceptance Acceptance defined
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© Stephen Graw 2012 12 An acceptance is a final and unqualified assent to the terms of an offer . The rules governing acceptance are as follows: Who can accept? The only people who can accept an offer are those for whom it was intended and to whom it was communicated. Those for whom the offer was not intended cannot accept it. Offers can be made to more than one offeree and, if they are, they can be accepted by everyone to whom they were made. Therefore, if more contracts arise than the offeror can fill he or she will be liable in damages to any unsatisfied acceptor. What may be accepted? Because acceptance is a final and unqualified assent to the terms of an offer, an acceptor can only accept what is offered, without addition, deletion or qualification. If an ‘acceptor’ attempts to introduce any change to the ‘deal’, that change will result in the ‘acceptance’ becoming a counter-offer . Counter-offers Counter-offers are offers of new and different terms upon which the parties might deal. They are, in effect, a rejection of the original offer (which, after the counter-offer, cannot therefore be accepted) and the substitution of an entirely new offer — the counter-offer — which the original offeror can then either accept or reject.
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