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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?
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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