Forum Replies Created
- Posts
Actually I just wondering whether the offer is valid if in such situation.
Let say the offeror wrote a letter of offer to buy offeree’s business and enclosed a cheque inside on 11 June 2015. On 13 June 2015, the offeror heard from his friend said that the offeree’s business had already been sold to someone else. So, the offeror went to find the offeree on 14 June 2015 and asked the offeree if he had received the letter which the offeree answered had not. However, on returning home that evening, the offeree finds offeror’s letter in his room and His wife informed him that it came by courier that afternoon.
So in such situation, can the offer be valid?
In my opinion, the offer is invalid and the offeror cannot assume the offeree accepts his offer because the offeree cannot accept it as the offer is without his knowledge.Sorry, Mr. Mike. I have one more question.
The offeror sent a letter of offer to the offeree on 11 June 2015. On 14 June 2015, the offeror asked the offeree whether he had received the letter which the offeree answered had not. However, on returning home, the offeree’s wife informed him that the letter was received on that afternoon.
So, the offer is invalid bacasue the offeree cannot accept it as the offer is without his knowledge?
I think I understand what you have said. Thank you Mr Mike! Your answer really helps me a lot.
You said that the Jenny / David scenario acceptance was not supported by consideration? You’re confusing me!
Your original post says that Jenny makes the offer and David accepts it
Ya, Jenny makes the offer and David accepts it.
The question does not mention did Jenny give David any consideration. The question only stated Jenny would like to buy David’s business for RM1million and David accepted her offer.So I am wondering is there any consideration? If no consideration, the contract then become void? (but David already accepted Jenny’s offer) If have, then what is the consideration?
I do really not understand about it.
“Even though the communication is completed after the acceptance?” – which one are we on now?
Jenny and David, Ken and Jim or A, B and C?A, B and C.
Even though the revocation is happened before the offeree accept the offer, but the offeree knows the revocation after his acceptance which means the offeree has not noticed about the revocation when/before he accepts the offer. He just only knows it after he accepted the offer.From my research, the common law’s answer is that revocation is not effective until it reaches the offeree. Only then will it be considered as communicated to him, so as
to destroy his power of acceptance.In this case, the revocation is ineffective?
“The acceptance is accompanied by the agreement to pay the agreed sum … and that’s consideration”
This means that the consideration given by Jenny to David is “she agreed to pay the agreed sum to David for buying his business”?
Revocation will be effective only if the recocation is happened before the acceptance and is known by the offeree before he accepts the offer. Isnt it?
Then for A and B, B only knew the offer was revoked on 17/9/2016 after he accepted A’s offer on 16/9/2016. The revocation was happened before B accepted the offer via post but B only knew it after he accepted the offer. That means the communication of revocation was completed after B’s acceptance. The revocation is still effective??
Even though the communication is completed after the acceptance?
For Jenny and David, contract is made when the acceptance happened. However, there is a section states that agreement without consideration is void.
So, is there still a valid contract?I am so sorry, Mr. Mike. It is my fault . I apologizes for making you inconvenient.
I am still confusing about revocation now…. Revocation must be before acceptance and must be communicated. But the situation below makes me feel so confusing.
On 15/9/2016, A offered B to buy his cafe via post states he would keep the offer within a week for B. After that day, C made an offer to A that she would want to buy A’s cafe. B accepted A’s offer via post and enclosed a cheque on 19/9/2016. On the same day, A accepted C’s offer. B only knew that A had sold his cafe to C from his mutual friend on 20/9/2016.
As the question did not state that which issue came first, I made my own assumption. If B posted the letter to A before A accepted C’s offer, then the revocation is invalid because revocation must be before acceptance. Then how about if A accepted C’s offer before the acceptance of B? The revocation happened before the acceptance but B only knew it after his acceptance ( the communication is not completed). Is the revocation still valid?
For Jenny and David, actually the whole story is Jenny make an offer to David to buy his business on 14 July 2016 via facebook. David replied Jenny’s message on facebook accepting Jenny’s offer and gave her instructions on the payment details on 16 July 2016. On 18 July 2016, David had changed his mind and he did not want to sell. Can he revoke his’s acceptance? (We do not know whether Jenny had made the payment during 16 July to 18 July)
The whole story is Jim wrote a letter of offer to Ken for selling Ken his business for RM2million. However, Ken replies and says that “he can only afford it if he could pay for it in four installments”. Jim does not respond. After that, Ken sends a letter to Jim accepting Ken’s offer and enclosed a cheque for the sum of RM2 million.
It seems like Ken inquires Jim whether he could pay in four installments. Jim does not respond and then Ken accepted Jim’s offer by the whole amount. There is a contract.
Am I right?
The other issue is Jenny make an offer to David to buy his business on 14 July 2016 via facebook. David replied Jenny’s message on facebook accepting Jenny’s offer and gave her instructions on the payment details on 16 July 2016.
Can i say even there is offer and acceptance but Jenny did not give David consideration therefore there is no contract between Jenny and David. As there is no contract, David may revoke his acceptance as long as Jenny has not made the payment.