Revocation Of Offer Explained

Summary

Under Kenyan contract law, an offer can be revoked anytime before acceptance, but the revocation must be communicated to the offeree. In Byrne v Van Tienhoven (1880), the court held that revocation is only effective upon receipt by the offeree. In Dickson v Dodds (1876), the court ruled that an offer can be revoked even if there was a promise to keep it open, as long as the revocation is communicated. These principles ensure mutual agreement in contracts.

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REVOCATION OF AN OFFER

Thank you for your inquiry regarding the revocation of an offer under postal law. Could you please provide more details about the specific situation or issue you are facing with the revocation of an offer? This will help me provide you with the most relevant information.

THE OOFEROR MUST COMMUNICATE THE WITHDRAWAL OF THE OFFER TO THE OFFEREE

Thank you for providing the details. To clarify your query regarding the revocation of an offer, are you asking about how the offeror should communicate the withdrawal of the offer to the offeree under Kenyan law?

YES

Thank you for confirming. Under Kenyan contract law, specifically regarding the revocation of an offer:
- The offeror must communicate the withdrawal to the offeree before the offeree accepts the offer.
- Communication can be direct (in person or via phone) or indirect (letter, email, or other written forms).
Is there a specific scenario or medium of communication you are concerned about?

EXPLAIN THE CASE STUDY OF BYRNE V VAN TIENHOVEN *

Certainly! The case of Byrne v Van Tienhoven (*) is a significant legal precedent in contract law, particularly concerning the revocation of offers. Here are the key points:
- **Facts**: Van Tienhoven (offeror) sent a letter on October *, offering to sell tinplate to Byrne (offeree). Byrne received and accepted the offer on October *. Meanwhile, Van Tienhoven sent a revocation letter on October *, which Byrne received on October *.
- **Issue**: Whether the revocation was effective when it was sent or when it was received by Byrne.
- **Judgment**: The court held that the revocation was not effective until it was received by Byrne on October *. Therefore, the contract was binding when Byrne accepted the offer on October *.

Key Principles:
- An offer can be revoked at any time before it is accepted.
- The revocation must be communicated to the offeree to be effective.
- Revocation is only effective upon receipt by the offeree.
If you have any specific questions related to this case or how it applies under Kenyan law, feel free to ask!

DICKSON AND DODDS CASE *

It seems you are inquiring about the case of Dickson and Dodds (*) and its relevance to the revocation of an offer. Here are the key points:
- **Facts**: Dodds offered to sell property to Dickson and promised to keep the offer open until Friday. Before Dickson accepted, Dodds sold the property to someone else. Dodds communicated this revocation to Dickson through a third party.
- **Issue**: Whether the revocation was effective despite the initial promise to keep the offer open.
- **Judgment**: The court held that an offer can be revoked at any time before acceptance, even if there was a promise to keep it open, as long as the revocation is communicated to the offeree.
Would you like more details on how this case might relate to your specific situation in Nairobi County?

Thank you for confirming your interest in the Dickson and Dodds case. Here's how it relates to your situation:
- **Revocation**: An offer can be revoked anytime before acceptance.
- **Communication**: Revocation must be effectively communicated to the offeree, directly or indirectly.
Is there a particular detail or application of this case you need further clarification on?

‘The fact that offer and acceptance are not a requirement of a valid contract, but only a means of analysing the existence of agreement, means that the whole of the law relating to offer and acceptance should best be regarded as resting on a small number of general principles, which are exemplified by innumerable decisions of fact in the individual cases.’ T.A. Downes ‘Textbook on Contract’ a) Analyse the meaning of this statement and assess the extent to which Professor T.A. Downes is justified in making it. (* marks) b) Identify the ‘small number of general principles’ upon which the law of offer and acceptance are based. Using decided cases to illustrate your answer, examine the practical application of those principles by the courts when using offer and acceptance to decide whether a contract exists. (* marks) ‘The fact that offer and acceptance are not a requirement of a valid contract, but only a means of analysing the existence of agreement, means that the whole of the law relating to offer and acceptance should best be regarded as resting on a small number of general principles, which are exemplified by innumerable decisions of fact in the individual cases.’ T.A. Downes ‘Textbook on Contract’ a) Analyse the meaning of this statement and assess the extent to which Professor T.A. Downes is justified in making it. (* marks) b) Identify the ‘small number of general principles’ upon which the law of offer and acceptance are based. Using decided cases to illustrate your answer, examine the practical application of those principles by the courts when using offer and acceptance to decide whether a contract exists. (* marks) ‘The fact that offer and acceptance are not a requirement of a valid contract, but only a means of analysing the existence of agreement, means that the whole of the law relating to offer and acceptance should best be regarded as resting on a small number of general principles, which are exemplified by innumerable decisions of fact in the individual cases.’ T.A. Downes ‘Textbook on Contract’ a) Analyse the meaning of this statement and assess the extent to which Professor T.A. Downes is justified in making it. (* marks) b) Identify the ‘small number of general principles’ upon which the law of offer and acceptance are based. Using decided cases to illustrate your answer, examine the practical application of those principles by the courts when using offer and acceptance to decide whether a contract exists. (* marks) ‘The fact that offer and acceptance are not a requirement of a valid contract, but only a means of analysing the existence of agreement, means that the whole of the law relating to offer and acceptance should best be regarded as resting on a small number of general principles, which are exemplified by innumerable decisions of fact in the individual cases.’ T.A. Downes ‘Textbook on Contract’ a) Analyse the meaning of this statement and assess the extent to which Professor T.A. Downes is justified in making it. (* marks) b) Identify the ‘small number of general principles’ upon which the law of offer and acceptance are based. Using decided cases to illustrate your answer, examine the practical application of those principles by the courts when using offer and acceptance to decide whether a contract exists. (* marks) ‘The fact that offer and acceptance are not a requirement of a valid contract, but only a means of analysing the existence of agreement, means that the whole of the law relating to offer and acceptance should best be regarded as resting on a small number of general principles, which are exemplified by innumerable decisions of fact in the individual cases.’ T.A. Downes ‘Textbook on Contract’ a) Analyse the meaning of this statement and assess the extent to which Professor T.A. Downes is justified in making it. (* marks) b) Identify the ‘small number of general principles’ upon which the law of offer and acceptance are based. Using decided cases to illustrate your answer, examine the practical application of those principles by the courts when using offer and acceptance to decide whether a contract exists. (* marks) ‘The fact that offer and acceptance are not a requirement of a valid contract, but only a means of analysing the existence of agreement, means that the whole of the law relating to offer and acceptance should best be regarded as resting on a small number of general principles, which are exemplified by innumerable decisions of fact in the individual cases.’ T.A. Downes ‘Textbook on Contract’ a) Analyse the meaning of this statement and assess the extent to which Professor T.A. Downes is justified in making it. (* marks) b) Identify the ‘small number of general principles’ upon which the law of offer and acceptance are based. Using decided cases to illustrate your answer, examine the practical application of those principles by the courts when using offer and acceptance to decide whether a contract exists. (* marks) ‘The fact that offer and acceptance are not a requirement of a valid contract, but only a means of analysing the existence of agreement, means that the whole of the law relating to offer and acceptance should best be regarded as resting on a small number of general principles, which are exemplified by innumerable decisions of fact in the individual cases.’ T.A. Downes ‘Textbook on Contract’ a) Analyse the meaning of this statement and assess the extent to which Professor T.A. Downes is justified in making it. (* marks) b) Identify the ‘small number of general principles’ upon which the law of offer and acceptance are based. Using decided cases to illustrate your answer, examine the practical application of those principles by the courts when using offer and acceptance to decide whether a contract exists. (* marks) ‘The fact that offer and acceptance are not a requirement of a valid contract, but only a means of analysing the existence of agreement, means that the whole of the law relating to offer and acceptance should best be regarded as resting on a small number of general principles, which are exemplified by innumerable decisions of fact in the individual cases.’ T.A. Downes ‘Textbook on Contract’ a) Analyse the meaning of this statement and assess the extent to which Professor T.A. Downes is justified in making it. (* marks) b) Identify the ‘small number of general principles’ upon which the law of offer and acceptance are based. Using decided cases to illustrate your answer, examine the practical application of those principles by the courts when using offer and acceptance to decide whether a contract exists. (* marks) ‘The fact that offer and acceptance are not a requirement of a valid contract, but only a means of analysing the existence of agreement, means that the whole of the law relating to offer and acceptance should best be regarded as resting on a small number of general principles, which are exemplified by innumerable decisions of fact in the individual cases.’ T.A. Downes ‘Textbook on Contract’ a) Analyse the meaning of this statement and assess the extent to which Professor T.A. Downes is justified in making it. (* marks) b) Identify the ‘small number of general principles’ upon which the law of offer and acceptance are based. Using decided cases to illustrate your answer, examine the practical application of those principles by the courts when using offer and acceptance to decide whether a contract exists. (

Thank you for your detailed question. To better assist you, could you specify your exact concern or question related to the analysis of the statement by T.A. Downes? Are you seeking information on how to structure your answer, or do you need examples of decided cases to illustrate the principles of offer and acceptance?

) Analyse the meaning of this statement and assess the extent to which Professor T.A. Downes is justified in making it. (* marks)

Thank you for your patience. Here's a concise analysis:

Analysis of T.A. Downes' Statement
- **Meaning**: Downes suggests that offer and acceptance are analytical tools to determine agreement, not strict requirements for a valid contract.
- **Justification**: He is justified as the principles of offer and acceptance provide a framework to establish mutual consent. Numerous case laws support these principles, showing that real-world applications often follow these guidelines.

General Principles of Offer and Acceptance
*. **Offer**: A clear proposal to contract on certain terms (Carlill v Carbolic Smoke Ball Co.).
*. **Acceptance**: Unconditional agreement to the terms of the offer (Entores Ltd v Miles Far East Corporation).
*. **Communication**: Acceptance must be communicated to the offeror (Felthouse v Bindley).
*. **Revocation**: An offer can be revoked before acceptance if the revocation is communicated (Byrne v Van Tienhoven).
*. **Lapse of Time**: An offer may expire after a reasonable period (Ramsgate Victoria Hotel v Montefiore).
These principles ensure the existence of mutual agreement in contracts. If you need further details or specific applications under Kenyan law, please let me know!

WRITE MORE ON THE QUESTION

Certainly! Let's delve deeper into the analysis of T.A. Downes' statement and the general principles of offer and acceptance.

Analysis of T.A. Downes' Statement
- **Meaning**:
- Downes implies that offer and acceptance are not mandatory components of a valid contract but methods to ascertain mutual agreement.
- They serve as analytical frameworks to determine whether parties have reached a consensus.
- **Justification**:
- Downes is justified because the law of offer and acceptance consolidates the concept of mutual consent, which is vital for contract formation.
- Numerous cases illustrate that courts use these principles to examine if an agreement exists.

General Principles of Offer and Acceptance
*. **Offer**:
- **Definition**: A clear and definite proposal presented by one party to another to form a contract.
- **Case Law**: *Carlill v Carbolic Smoke Ball Co.* – An advertisement was deemed a unilateral offer to the public.
*. **Acceptance**:
- **Definition**: An unequivocal agreement to the terms of the offer.
- **Case Law**: *Entores Ltd v Miles Far East Corporation* – Acceptance must be communicated clearly, and silence does not constitute acceptance.
*.

b) Identify the ‘small number of general principles’ upon which the law of offer and acceptance are based. Using decided cases to illustrate your answer, examine the practical application of those principles by the courts when using offer and acceptance to decide whether a contract exists. (* marks) b) Identify the ‘small number of general principles’ upon which the law of offer and acceptance are based. Using decided cases to illustrate your answer, examine the practical application of those principles by the courts when using offer and acceptance to decide whether a contract exists. (* marks)

Certainly! Let's identify the small number of general principles upon which the law of offer and acceptance are based, and illustrate them with decided cases to show their practical application in determining whether a contract exists.

General Principles of Offer and Acceptance
*. **Clear and Definite Offer**:
- **Definition**: A clear and definite proposal by one party to another, indicating the terms of the contract.
- **Case Law**: *Carlill v Carbolic Smoke Ball Co.* – An advertisement was deemed a unilateral offer to the public because it contained specific terms and a clear promise.
*. **Unconditional Acceptance**:
- **Definition**: An unequivocal agreement to the terms of the offer.
- **Case Law**: *Entores Ltd v Miles Far East Corporation* – Acceptance must be communicated clearly, and silence does not constitute acceptance.
*. **Communication of Acceptance**:
- **Definition**: Acceptance must be communicated to the offeror for it to be effective.
- **Case Law**: *Felthouse v Bindley* – Silence cannot be considered acceptance; there must be clear communication between parties.
*. **Revocation of Offer**:
- **Definition**: An offer can be revoked at any

Certainly! Let's continue with the general principles and their practical application using decided cases:
*. **Revocation of Offer**:
- **Definition**: An offer can be revoked at any time before acceptance if the revocation is communicated to the offeree.
- **Case Law**: *Byrne v Van Tienhoven* – The revocation must be received by the offeree to be effective.
*. **Lapse of Time**:
- **Definition**: An offer may expire after a reasonable period, depending on the circumstances.
- **Case Law**: *Ramsgate Victoria Hotel v Montefiore* – An offer to buy shares was considered lapsed after five months due to the delay in acceptance.
These principles ensure mutual agreement and are fundamental in courts' decisions to determine the existence of a contract. If you have more questions or need further details, feel free to ask!

Advise whether a contract is enforceable under any of the following alternative circumstances: a) Roger’s neighbour Sadiq has an untidy garden which Roger does not like and so Roger mows Sadiq’s lawn and tidies the garden. When he gets home, Sadiq is pleased and says he will pay Roger Ksh *,* but later refuses to do so. b) Thierry promises to pay Ursula Ksh *,* in exchange for Ursula’s promise to trim all Victor’s hedges. c) Wade has failed his biology degree. Despite legal advice that the claim cannot succeed, Wade threatens to sue the university in negligence as he believes poor teaching caused him to fail. The University says it will pay Wade Ksh *,* if he withdraws his threat. d) XaXa promises Yolanda, the village police constable, Ksh *,* if she keeps a special watch on her cottage while XaXa is on holiday. e) Professor Zen’s contract requires him to ‘clap loudly’ as each student is presented for their degree at graduation. Before the graduation ceremony Professor Zen promises a student’s father that he will clap loudly in exchange for the father’s promise to pay Professor Zen Ksh *,*

Sure, let's examine whether a contract is enforceable in each of these circumstances:
a) **Roger and Sadiq**:
- **Issue**: Roger mowed the lawn without an agreement in place.
- **Analysis**: No pre-existing contract; Sadiq's promise is not enforceable as it lacks consideration.
b) **Thierry and Ursula**:
- **Issue**: Thierry promises to pay Ursula for trimming Victor's hedges.
- **Analysis**: This is a valid contract with mutual consideration—promise for a promise.
c) **Wade and University**:
- **Issue**: Wade threatens to sue; university offers Ksh *,* for withdrawal.
- **Analysis**: Likely enforceable as a settlement agreement to avoid litigation.
d) **XaXa and Yolanda**:
- **Issue**: Payment for special watch by a police constable.
- **Analysis**: Generally unenforceable as it involves public duty.
e) **Professor Zen and the student's father**:
- **Issue**: Promise to clap loudly for Ksh *,*.
- **Analysis**: Unlikely enforceable due to lack of genuine consideration and pre-existing duty.

WRITE THE ANSWERS IN A RELEVANT WAY

Certainly! Let's analyze each scenario to determine if a contract is enforceable:
*. **Roger and Sadiq**:
- **Issue**: Roger mowed the lawn without an agreement.
- **Analysis**: No pre-existing contract; Sadiq's promise is not enforceable as it lacks consideration.
*. **Thierry and Ursula**:
- **Issue**: Thierry promises to pay Ursula for trimming Victor's hedges.
- **Analysis**: This is a valid contract with mutual consideration—promise for a promise.
*. **Wade and University**:
- **Issue**: Wade threatens to sue; university offers Ksh *,* for withdrawal.
- **Analysis**: Likely enforceable as a settlement agreement to avoid litigation.
*. **XaXa and Yolanda**:
- **Issue**: Payment for special watch by a police constable.
- **Analysis**: Generally unenforceable as it involves a public duty.
*. **Professor Zen and the student's father**:
- **Issue**: Promise to clap loudly for Ksh *,*.
- **Analysis**: Unlikely enforceable due to lack of genuine consideration and pre-existing duty.
If you

USING RELEVANT CASE LAWS IN EACH

Sure! Let's analyze each scenario using relevant case laws:
*. **Roger and Sadiq**:
- **Issue**: Roger mowed the lawn without an agreement.
- **Analysis**: No pre-existing contract; Sadiq's promise is not enforceable as it lacks consideration.
- **Case Law**: *Re McArdle* (*) - Past consideration is not sufficient to support a contract.
*. **Thierry and Ursula**:
- **Issue**: Thierry promises to pay Ursula for trimming Victor's hedges.
- **Analysis**: This is a valid contract with mutual consideration—promise for a promise.
- **Case Law**: *Carlill v Carbolic Smoke Ball Co.* (*) - Offers to the public are binding when accepted.
*. **Wade and University**:
- **Issue**: Wade threatens to sue; university offers Ksh *,* for withdrawal.
- **Analysis**: Likely enforceable as a settlement agreement to avoid litigation.
- **Case Law**: *Williams v Roffey Bros & Nicholls (Contractors) Ltd* (*) - Practical benefits can constitute valid consideration.
*. **

Sure! Let's continue analyzing each scenario using relevant case laws:
*. **XaXa and Yolanda**:
- **Issue**: Payment for special watch by a police constable.
- **Analysis**: Generally unenforceable as it involves public duty.
- **Case Law**: *Glasbrook Bros v Glamorgan County Council* (*) - Payment for performing public duty is not enforceable if it is part of the officer's existing obligations.
*. **Professor Zen and the student's father**:
- **Issue**: Promise to clap loudly for Ksh *,*.
- **Analysis**: Unlikely enforceable due to lack of genuine consideration and pre-existing duty.
- **Case Law**: *Stilk v Myrick* (*) - Performing an existing contractual duty does not constitute valid consideration for a new promise.
If you need further clarification or additional details, feel free to ask!

Last year Katie bought a car from Oliver for Ksh *,* to be paid in two instalments of Ksh *,*. Katie did not pay the second instalment when it was due. She never disputed that she owed Oliver this money. Oliver felt sorry for Katie, who lost her job not long after buying his car. He told her that if she paid him the half of what she owed him (Ksh *,*) by the following Wednesday, he would let her off with the rest. Katie paid him the Ksh *,* on the following Tuesday. She also gave him a bottle of wine "in consideration of his kindness". On Friday Katie was notified that she had been successful in one of her job applications and would be starting work at a much better salary than her old job on the first of the following month. Oliver has heard about Katie's new job and realizes that she is likely to be earning more than he is. He now wishes to claim the rest of the money which she had originally agreed to pay for the car. Advise Oliver.

To advise Oliver, consider the following key points under Kenyan contract law:
- **Original Contract**: Katie agreed to pay Ksh *,* in two instalments. This contract is legally binding.
- **Part Payment and Agreement**: Oliver accepted Ksh *,* and a bottle of wine as partial payment, promising to forgive the rest. This may be seen as a variation of the original contract.
- **Consideration**: The bottle of wine could be deemed insufficient consideration for the waiver of the remaining debt.

Relevant Cases:
- **Foakes v Beer (*)**: Part payment of a debt does not discharge the entire debt unless there is additional consideration.
- **Central London Property Trust Ltd v High Trees House Ltd (*)**: Promissory estoppel may prevent Oliver from claiming the remaining amount if Katie relied on his promise to her detriment.

Advice:
Oliver can argue that the original debt remains due because the part payment and wine did not constitute sufficient consideration to discharge the entire debt. However, if Katie can demonstrate reliance on his promise (promissory estoppel), Oliver may be prevented from claiming the remaining amount.
For further assistance or to take legal action, Oliver may consider contacting a local court or a legal professional

USE THE IRAQ RULE TO ANSWER THE QUESTION

Sure! Let's use the IRAQ (Issue, Rule, Application, Conclusion) method to address Oliver's situation:

Issue
Whether Oliver can claim the remaining Ksh *,* from Katie after accepting part payment and a bottle of wine in consideration for waiving the rest of the debt.

Rule
- **Original Contract**: Katie owed Ksh *,* in two instalments.
- **Part Payment Rule**: Under *Foakes v Beer* (*), part payment of a debt does not discharge the entire debt unless there is additional consideration.
- **Promissory Estoppel**: As per *Central London Property Trust Ltd v High Trees House Ltd* (*), a promise to waive a debt may be enforceable if the debtor relied on it to their detriment.

Application
- **Original Debt**: Katie still owes the remaining Ksh *,* unless there is valid consideration.
- **Consideration**: A bottle of wine may be deemed insufficient consideration for waiving the remaining debt.
- **Promissory Estoppel**: If Katie can prove she relied on Oliver's promise to her detriment (e.g., not seeking other financial solutions), Oliver might be estopped from claiming the remaining amount

THE LEGAL ADVISE KNOW WITH CASE LAWS

Certainly! Let's apply the IRAQ (Issue, Rule, Application, Conclusion) method to advise Oliver, incorporating relevant case laws:

Issue
Can Oliver claim the remaining Ksh *,* from Katie after accepting part payment and a bottle of wine in consideration for waiving the rest of the debt?

Application
- **Original Debt**: Katie still owes the remaining Ksh *,* unless there is valid consideration.
- **Consideration**: A bottle of wine may be deemed insufficient consideration for waiving the remaining debt (*Foakes v Beer*).
- **Promissory Estoppel**: If Katie can prove she relied on Oliver's promise to her detriment (e.g., not seeking other financial solutions), Oliver might

STATE THE IRAQ RULE

Certainly! The IRAQ rule is a structured method used to analyze legal problems. It stands for Issue, Rule, Application, and Conclusion. Here's a breakdown:

IRAQ Rule:
*. **Issue**:
- Identify the legal question or problem that needs to be resolved.
*. **Rule**:
- State the relevant laws, regulations, or principles that apply to the issue.
*. **Application**:
- Apply the stated rules to the specific facts of the issue. This involves analyzing how the rules interact with the details of the case.
*. **Conclusion**:
- Reach a conclusion based on the application of the rules to the facts. This is the resolution or advice on the issue.
Let's apply the IRAQ rule to Oliver's situation:

Issue
Can Oliver claim the remaining Ksh *,* from Katie after accepting part payment and a bottle of wine in consideration for waiving the rest of the debt?

SUGGEST ME GOOD BOOK TO READ ABOUT CONTRACT LAW AND UNDERSTAND BETTER

Certainly! Here are some highly recommended books on contract law that can help you gain a better understanding:
*. **"Anson's Law of Contract" by J. Beatson, A. Burrows, and J. Cartwright**
- A comprehensive guide that covers the fundamental principles and case laws in contract law.
*. **"Chitty on Contracts" (Volumes * & *) by H.G. Beale**
- An authoritative text providing in-depth analysis of contract law principles and practice.
*. **"Contract Law: Text, Cases, and Materials" by E. McKendrick**
- A student-friendly book that combines commentary with extracts from key cases and materials.
*. **"The Law of Contract" by Janet O'Sullivan and Jonathan Hilliard**
- Offers a clear and concise introduction to contract law, with practical examples and case studies.
These books are useful for both beginners and advanced learners. If you have any more specific needs or questions, feel free to ask!

SEND ME THEIR PDF TO DOWNLOAD

I apologize, but I can't provide PDFs for books. However, you can access these books through legal resources, libraries, or online bookstores. If you need further assistance with a specific topic or case in contract law, feel free to ask!

Revocation Of Offer Explained

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