In the present case I read the agreement as a positive engagement on the part of the Defendant Dodds that he will sell for £800, and, not a promise, but, an agreement, part of the same instrument, that the Plaintiff shall not be called upon to express his acquiescence in that agreement until Friday at nine o'clock.
Whether the promise to keep the offer “left over until Friday 9 o’clock” was a binding contract without consideration and before complete acceptance by Plaintiff. Essential Cases: Contract Law provides a bridge between course textbooks and key case judgments.
Case: Dickinson v. Dodds (1876) pp. Disclaimer: This work was produced by one of our expert legal writers, as a learning aid to help you with your studies. A. Thus, as there was no obligation to keep the offer open, there could be no ‘meeting of the minds’ between the parties. Held. An offer to sell property may be withdrawn before acceptance without any formal notice to … Email Address: You can opt out at any time by clicking the unsubscribe link in our newsletter, If you have not signed up for your Casebriefs Cloud account Click Here, Thank you for registering as a Pre-Law Student with Casebriefs™. Facts. Discussion. Thereupon the Plaintiff, at about half-past seven in the evening, went to the house of Mrs. Burgess, the mother-in-law of Dodds, where he was then staying, and left with her a formal acceptance in writing of the offer to sell the property. D. 463 (1876) NATURE OF THE CASE: This was a dispute over the sale of a house. Vendor and Purchaser—Contract—Specific Performance—Offer to sell—Withdrawal before Acceptance—Sale to another Person—Notice. But it is hardly necessary to resort to that doctrine in the present case, because the postscript calls it an offer, and says, "This offer to be left over until Friday, 9 o'clock A.M." Well, then, this being only an offer, the law says—and it is a perfectly clear rule of law-that, although it is said that the offer is to be left open until Friday morning at  9 o'clock, that did not bind Dodds. Even though the offer was to remain open till 9 a.m. on Friday, it was not binding, for the acceptance wasn’t communicated.
Offer, acceptance and consideration are necessary for forming a binding contract. Communication of the withdrawal of the offer can be made by any reliable third party. DICKINSON v. DODDS. 463. It appears to me that there is neither principle nor authority for the proposition that there must be an express and actual withdrawal of the offer, or what is called a retractation. Now, stopping there, the question which arises is this—If an offer has been made for the sale of property, and before that offer is accepted, the person who has made the offer enters into a binding agreement to sell the property to somebody else, and the person to whom the offer was first made receives notice in some way that the property has been sold to another person, can he after that make a binding contract by the acceptance of the offer? Jurisdiction: Dickinson v Dodds is an English Contract Law case concerning offer and acceptance. C. D found out the P had been negotiating with Thomas Allan for the property Rule: The synopsis of the rule (1) follows the concept that a promise to keep a particular offer open until a certain period of time, will only be a promise, unless it is made binding by consideration and acceptance. D. 463 (1876). There might, if two contracts had been proved, have been a question of priority. Before Friday at nine o'clock the Defendant receives notice of acceptance. The Plaintiff, being minded not to complete the bargain at that time, added this memorandum—"This offer to be left over until Friday, 9 o'clock A.M., 12th June, 1874." Reference this A. P wrote contract to D, stating that he would sell him his property, but D had until Friday, 9:00AM on June 12, 1874 to either decide not to accept the offer at £800 or to intend not to purchase in general In-house law team. The property  remained intact, unaffected by any contract with Allan, and there is no ground, in my opinion, for the contention that the contract with Allan can be supported. The document, though beginning "I hereby agree to sell," was nothing but an offer, and was only intended to be an offer, for the Plaintiff himself tells us that he required time to consider whether he would enter into an agreement or not.
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