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Dickinson v Dodds (1876) CA
The defendant submitted a written proposal to sell the plaintiff certain land for £800, including the postscript, 'this offer to remain valid until Friday at 9:00 am, 12 June 1874.' Both sides held the view that the postscript was obligatory for the defendant. On the morning of 11 June, the plaintiff resolved to accept the offer. That afternoon, the plaintiff was informed by a third party that the defendant had been 'offering or negotiating' to sell the property to one Thomas Allan. The defendant finalized a sales contract with Allan on 11 June. On that evening, the plaintiff attempted to reach the defendant and successfully communicated his acceptance of the offer at 7:00 AM on 12 June
. The court determined that no contract existed between the plaintiff and the respondent. The defendant's commitment to maintain the offer until 12 June was made without contemplation, rendering it non-binding. (II) An offeree cannot accept an offer once they are aware that it has been retracted (according to James LJ) or that the property has been sold (according to Mellish LJ).
The defendant submitted a written proposal to sell the plaintiff certain land for £800, including the postscript, 'this offer to remain valid until Friday at 9:00 am, 12 June 1874.' Both sides held the view that the postscript was obligatory for the defendant. On the morning of 11 June, the plaintiff resolved to accept the offer. That afternoon, the plaintiff was informed by a third party that the defendant had been 'offering or negotiating' to sell the property to one Thomas Allan. The defendant finalized a sales contract with Allan on 11 June. On that evening, the plaintiff attempted to reach the defendant and successfully communicated his acceptance of the offer at 7:00 AM on 12 June
. The court determined that no contract existed between the plaintiff and the respondent. The defendant's commitment to maintain the offer until 12 June was made without contemplation, rendering it non-binding. (II) An offeree cannot accept an offer once they are aware that it has been retracted (according to James LJ) or that the property has been sold (according to Mellish LJ).
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