4-RevocationByOfferor_Dickinson_v_Dodds by aiowmnyv


									Dickinson v. Dodds, Court of Appeal, Chacery Division, 1876 If O is made an OEE, but before Acceptance, OR offers to another OEE and the 2 nd OEE accepts. Can 1st OEE still accept? Is OR obligated to 1st OEE? Issue
Was D bound to wait for P’s response until Friday?

The date on the Offer did not really bind D. Even if Allan knew of offer to P, it was still perfectly legal and fine for him to make D an offer.

A promise, being a nudum pactum

(1) D offered to sell a property to P for £800 and set the date of the offer to expire on Fri 9:00 AM (in 2 days) (3) P went to mother-in-law’s house “to fix him to the contract” (4) He also had someone wait for him in the morning to try to hand him an acceptance; P even a bit later tried to hand him an acceptance but P refused and threw it back at him (2) P intended to accept but before accepting, D sold property to someone else and P found out about it (5) Knowing that D had entirely already changed his mind. Nudum pactum: An agreement that is unenforceable as a contract because it is not clothed with consideration.

If there was still an offer pending, and both agreed to that, up to the point of acceptance, then there is a contract. If there was no such agreement, then the A means nothing. Otherwise how can he possibly sell his property to 2 people at the same time? There does not need to be a actual and express revocation of the O. P was aware that that D had changed his mind and failed to show that there was any binding contact. The fact that the property is sold (no longer available) is like when the owner who is the OR in this case dies – that revokes an O since OR can not perform.

Not binding at any moment before complete acceptance

OR and OEE are free from the O until acceptance

Held Procedure P argues
 

No binding contract – case dismissed. Lower court awarded P specific performance (asking: specific performance; if Allan took property he should turn it over to P). D appealed. He should have told me “Now I withdraw the offer”… He didn’t and I accepted before he did.   PM - Berry (P’s agent) says D offered or agreed to sell to Allan 7:30 PM – Left acceptance at mother-in-law   7AM – Berry waited and handed acceptance – “too late” few min later: P handed acceptance. D “too late” and threw it back

Offer letter given Offer open to Fri 9:00

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