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3 Cards in this Set
- Front
- Back
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Ballas v Theophilus |
- LAPSE OF TIME - case required the offeree to have time for a business evaluation - HELD: - if an offer is presented with an explicit expiry then this is effective - If an offer is not then the offer will remain open for a reasonable time - GOOD APPROACH: asking what facts are relevant to what is reasonable? |
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Dysart Timbers v Neilson |
- CHANGE IN CIRCUMSTANCES - N seeking leave from the court of appeal - before this was granted offered settlement to D - leave was then granted - a few hours later D accepted offered settlement - ISSUE: was there a fundamental change in circumstances? - HELD: no - offer had been validly accepted - APPROACH: - the court must objectively determine the apparent intention of the offeror and whether the offer was expressly or impliedly made subject to a condition that if it lapsed = a substantial change in circumstances |
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