ChatterBank2 mins ago
Contract Law:
7 Answers
If somebody makes an offer and gives a certain date until you need to give acceptance, can they retreat that offer before the date they stated or is that against the rules of contract law - for example, I offer you a mobile phone and say you have until the 19th April to agree or reject but then I say am no longer selling it on the 15th April is that allowed and would you still be held to a contract if they agree after you have withdrawn the offer?
Thank you.
Thank you.
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For more on marking an answer as the "Best Answer", please visit our FAQ.A contract only comes into existence when BOTH an offer AND an acceptance have been made. As I understand the wording of your question, there's solely an 'invitation to treat' involved, which the person making the invitation is at liberty to withdraw at any time.
It's roughly akin to a shop owner putting something in his window for sale at £x but, when you go in to buy it, then refusing to sell it to you for that amount, or at all. He/she is perfectly entitled to do so as he/she has never accepted your offer to purchase the item, meaning that no contract has been created between the two of you.
It's roughly akin to a shop owner putting something in his window for sale at £x but, when you go in to buy it, then refusing to sell it to you for that amount, or at all. He/she is perfectly entitled to do so as he/she has never accepted your offer to purchase the item, meaning that no contract has been created between the two of you.
I think it depends - house buying you can certainly do that. (gazumping)
As Chris says, a contract ( offer acceptance and considertion - here moolah ) hasnt been made - so no contract
If you are going to say no - it called a revocation and you really shd get it in before they trump with a yes.
You can contractually get them to hold open a contract - by paying. as in I will pay £5 to have you hold over the decision til friday and if I say no, you get to keep the fiver. ( which I do sometimes)
as for advertising x for £5 in a shop window and then saying oops no, my bad - trading standards may show an interest - - bait and change...
As Chris says, a contract ( offer acceptance and considertion - here moolah ) hasnt been made - so no contract
If you are going to say no - it called a revocation and you really shd get it in before they trump with a yes.
You can contractually get them to hold open a contract - by paying. as in I will pay £5 to have you hold over the decision til friday and if I say no, you get to keep the fiver. ( which I do sometimes)
as for advertising x for £5 in a shop window and then saying oops no, my bad - trading standards may show an interest - - bait and change...
as Peter said, you have to have offer to treat, acceptance and to complete the contract consideration. As to moving from acceptance to consideration, it depends on the wording to timing - and that's where gazumping and gazundering come into play on property exchanges in England and Wales as the wording is often (deliberately) left loose in both selling or buyer markets....and of course the deal is subject to clearing surveys/land search etc as requested. In Scotland, the obligation on surveys is on the seller to provide the info, unlike England and Wales where it is the buyer.
In Northern Ireland, it is probably craic and a bucket of Guinness or whatever down in the pub or liquid bank......
In Northern Ireland, it is probably craic and a bucket of Guinness or whatever down in the pub or liquid bank......