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Dickinson v Dodds: Difference between revisions
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|holding=Lord Justice James: A promise to hold an offer open is not enforceable without [[Contracts/Consideration|consideration]], & it can be implied revoked by the offeror's conduct. | |holding=Lord Justice James: A promise to hold an offer open is not enforceable without [[Contracts/Consideration|consideration]], & it can be implied revoked by the offeror's conduct. | ||
|reasons=Lord Justice James: The timeframe to sell was part of the general offer, & therefore, not binding unless validly accepted. | |reasons=Lord Justice James: The timeframe to sell was part of the general offer, & therefore, not binding unless validly accepted. | ||
|rule="A meeting of the minds": A moment in time, preceding the contract, during which the 2 parties' minds are in agreement. | |||
In this case, a meeting of the minds of Dickinson & Dodds didn't occur before the sale of the property from Dodds to Allen. | |||
|comments=Lord Justice James: Dodds (seller who gave a timeframe to sell his property) wasn't required to formally notify Dickinson that the offer was withdrawn before the 9 am, Friday deadline. | |comments=Lord Justice James: Dodds (seller who gave a timeframe to sell his property) wasn't required to formally notify Dickinson that the offer was withdrawn before the 9 am, Friday deadline. | ||
|case_text_links={{Infobox Case Brief/Case Text Link | |case_text_links={{Infobox Case Brief/Case Text Link | ||
Revision as of 16:28, September 13, 2023
| Dickinson v Dodds | |
| Court | Court of Chancery |
|---|---|
| Citation | 2 Ch. D. 463 (1876) |
| Date decided | 1876 |
| Appealed from | Property |
Facts
This case was litigated in England.
Case in 1 sentence: the early bird catch the worm
On Wednesday, June 10th 1874, John Dodds ("Dodds") offered in writing to sell a residential estate to George Dickinson ("Dickinson"). The written offer would remain open until 9 am, Friday.
Procedural History
- Dickinson = plaintiff = buyer1
- Allen = buyer2 = defendant
- Dodds = defendant = property seller
Dickinson sued Dodds & Allen.
Issues
1. Can an offerree (Dickinson) enforce an offeror's (Dodds) promise to hold an offer open for a definite time?
2. Can such an offer be revoked without an express statement?Holding
Lord Justice James: A promise to hold an offer open is not enforceable without consideration, & it can be implied revoked by the offeror's conduct.
Reasons
Lord Justice James: The timeframe to sell was part of the general offer, & therefore, not binding unless validly accepted.
Rule
"A meeting of the minds": A moment in time, preceding the contract, during which the 2 parties' minds are in agreement.
In this case, a meeting of the minds of Dickinson & Dodds didn't occur before the sale of the property from Dodds to Allen.Comments
Lord Justice James: Dodds (seller who gave a timeframe to sell his property) wasn't required to formally notify Dickinson that the offer was withdrawn before the 9 am, Friday deadline.
