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''Hyde v Wrench''
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is_a_leading_English_contract_law_case_on_the_issue_of_counter-offers_and_their_relation_to_initial_Offer_and_acceptance">offer_
Offer_or_offers_may_refer_to:
_People
*__Ofer_Eshed_or_Offer_Eshed_(1942-2007),_Israeli_basketball_player
*_Offer_Nissim_(born_1964),_Israeli_house_DJ
*_Avner_Offer,_economic_historian
*_Dick_Offer,_English_rower
*_Jack_Offer,_English_rower
*_Steve_...
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EWHC Ch J90is a leading English contract law case on the issue of counter-offers and their relation to initial Offer and acceptance">offer
Offer or offers may refer to:
People
* Ofer Eshed or Offer Eshed (1942-2007), Israeli basketball player
* Offer Nissim (born 1964), Israeli house DJ
* Avner Offer, economic historian
* Dick Offer, English rower
* Jack Offer, English rower
* Steve ...
s. In it Henry Bickersteth, 1st Baron Langdale">Lord Langdale ruled that any counter-offer cancels the original offer.
Facts
Wrench offered to sell his farm in Luddenham, Kent, to Hyde for £1200, an offer which Hyde declined. On 6 June 1840 Wrench wrote to Hyde's agent offering to sell the farm for £1000, stating that it was the final offer and that he would not alter from it.
Hyde offered £950 in his letter by 8 June, and after examining the offer Wrench refused to accept, and informed Hyde of this on 27 June.
[Beale (2002) p. 227] On the 29th Hyde agreed to buy the farm for £1000 without any additional agreement from Wrench, and after Wrench refused to sell the farm to him he sued for breach of contract.
Judgment
Lord Langdale's judgment read:
Under the circumstances stated in this bill, I think there exists no valid binding contract between the parties for the purchase of this property. The defendant offered to sell it for £1000, and if that had been at once unconditionally accepted there would undoubtedly have been a perfect binding contract; instead of that, the plaintiff made an offer of his own, to purchase the property for £950, and he thereby rejected the offer previously made by the defendant. I think that it was not afterwards competent for him to revive the proposal of the defendant, by tendering an acceptance of it; and that, therefore, there exists no obligation of any sort between the parties.
See also
* ''
Stevenson, Jacques & Co v McLean
''Stevenson, Jaques, & Co v McLean'' 8805 QBD 346 is an English contract law case concerning the rules on communication of acceptance by telegraph. Its approach contrasts to the postal rule.
Facts
Plaintiffs (P) were iron merchants who purchas ...
''
880
__NOTOC__
Year 880 (Roman numerals, DCCCLXXX) was a leap year starting on Friday (link will display the full calendar) of the Julian calendar.
Events
By place
Byzantine Empire
* Battle of Cephalonia: A Byzantine Empire, Byzantine flee ...
5 QBD 346
* ''
Butler Machine Tool Co Ltd v Ex-Cell-O Corp (England) Ltd
''Butler Machine Tool Co Ltd v Ex-Cell-O Corp (England) Ltd'' 977EWCA Civ 9 is a leading English contract law case. It concerns the problem found among some large businesses, with each side attempting to get their preferred standard form agree ...
''
977
Year 977 ( CMLXXVII) was a common year starting on Monday (link will display the full calendar) of the Julian calendar.
Events
By place Europe
* May – Boris II, dethroned emperor (''tsar'') of Bulgaria, and his brother Roman ma ...
EWCA Civ 9
References
Further reading
*{{cite book, last=Beale, first=Hugh, author2=Arthur Hartkamp , author3=Hein Kotz , author4=Denis Tallon , title=Cases, Materials and Texts on Contract Law, publisher=Hart Publishing, date=2002
English agreement case law
1840 in case law
1840 in British law