Evocation Essay

1197 Words 5 Pages
In contract law, evocation means an offer is withdrawn by the offerer. The general rule was established in Payne v Cave that an offer can be revoked at any time before the communication of acceptance is complete. Nevertheless, once the offer is accepted by the offeree by post, specifically, letter, the postal rule would strictly apply and would not permit such withdrawal. Contrary, once the offer is accepted, it cannot be revoked or else, the it would be considered as a breach of contract. Revocation can only be made if the offeror has rejected the offer, send the notice of revocation, by lapse of time, when the acceptor failed to fulfill the condition or when the offeror is dead or has mental disorder. These are the essential elements for …show more content…
A proposal that has been expressly stated to last for a period of time cannot be accepted after that time has passed. If no time is stated in the proposal, then it lapses after a reasonable time. The length for a reasonable time depends on the conditions of the case with respect to offers involving other types of subject matter. The definition of a reasonable time depends upon the demand for the subject matters and upon the volatility of its price. The case relating to this matter is the case Ramsgate Victoria Hotel Co v Montefiore (1866)LR Ex Ch 109. In this case, The defendant applied for shares in the plaintiff company on 8th june. He put in his offer to the complainant and paid a deposit to his bank account to buy them in June. He received no further news until 23rd November, when the offer was accepted and he received a letter of acceptance. By this time, the value of shares had already dropped and he was no longer interested. The interval between june and november was too excessive and therefore, the offer had lapse. The court held that the Ramsgate Victoria Hotel’s action for specific performance was unsuccessful. The offer that the defendant had made back in June was no longer valid to form a contract. A reasonable period of time had passed and the offer had …show more content…
The death of either the offeror or the offeree will cause a termination of contract because the right to accept an ordinary offer is not transferable. However, the acceptance without prior knowledge of the death or mental disorder of the proposer is considered as a good acceptance. Therefore, there’s a binding contract. The example for the case relating to this issue is the case Bradbury v Mogan. In this case, Leigh requested that Bradbury, the plaintiff to provide credit to his brother to the value of £100. Leigh guaranteed the account owned by his brother to this effect. Accordingly, Bradbury credited Leigh’s brother’s account and continued selling goods to Leigh in their usual manner. Unfortunately, Leigh died and Bradbury continued to supply his brother with goods on the credit which had been previously agreed. Bradbury had no knowledge or notice of the death of Leigh. Morgan, who was Leigh’s executor, refused to pay Bradbury for the goods on the basis that the debts were contracted after Leigh’s death and as a result, Leigh was not responsible for the payment. Bradbury brought an action for the payment that was due for the goods. The court held that the death of the offeror will not terminate the offer if the acceptance is made in ignorance of his

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