Wiki Law School will soon be moving! Please update your bookmarks. Our future address is www.wikilawschool.org |
Dickinson v Dodds: Difference between revisions
No edit summary |
Lost Student (talk | contribs) m (Updated timeline for new template) |
||
(10 intermediate revisions by 2 users not shown) | |||
Line 6: | Line 6: | ||
|appealed_from=Property | |appealed_from=Property | ||
|facts=This case was litigated in England. | |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") [[Contracts/Offer|offer]]ed in writing to sell a residential estate to George Dickinson ("Dickinson"). The written offer would remain open until 9 am, Friday. | On Wednesday, June 10th 1874, John Dodds ("Dodds") [[Contracts/Offer|offer]]ed in writing to sell a residential estate to George Dickinson ("Dickinson"). The written offer would remain open until 9 am, Friday. | ||
Allen & Dodds | Allen & Dodds signed the real estate contract on Thursday, June 11th 1874. | ||
{{Timeline|1=Dodds offers to sell property with a 9 am Friday deadline|2=Wednesday, June 10th 1874|4=Dickinson returns written acceptance to Dodds while Dodds is out of home|3=Thursday afternoon, June 11th 1874|5=Dodds & Allen finish property sale|6=Thursday, June 11th 1874|8=Dickinson's agent hands duplicate written acceptance to Dodds|7=7 am Friday, June 12th 1874|9=Dickinson delivers a 3rd duplicate acceptance to Dodds before the 9 am deadline|10=About 8 am Friday, June 12th 1874|12=Dodds explains to Dickinson that Allen had bought the property yesterday|11=About 8 am Friday, June 12th 1874}} | |||
|procedural_history=*Dickinson = plaintiff = buyer1 | |procedural_history=*Dickinson = plaintiff = buyer1 | ||
*Allen = buyer2 = defendant | *Allen = buyer2 = defendant | ||
Line 22: | Line 26: | ||
2. Can such an offer be revoked without an express statement? | 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 [[Contracts/Consideration|consideration]], & it can be implied revoked by the offeror's conduct. | |||
|judgment=Judgment reversed; complaint from Dickinson dismissed. | |||
|reasons=Lord Justice James: The timeframe to sell was part of the general offer, & therefore, not binding unless validly accepted. | |||
Dickinson hadn't offered Dodds anything to hold the offer open. In other words, Dickinson had not given any consideration (anything of value). | |||
|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. | |||
As of 2024, '''option contract'''s ( https://www.law.cornell.edu/wex/option_contract ) in the United States are available yet require consideration. | |||
|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 | ||
|link=https://www.quimbee.com/cases/dickinson-v-dodds | |link=https://www.quimbee.com/cases/dickinson-v-dodds |
Latest revision as of 04:20, December 16, 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.
Allen & Dodds signed the real estate contract on Thursday, June 11th 1874.
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
Judgment
Reasons
Lord Justice James: The timeframe to sell was part of the general offer, & therefore, not binding unless validly accepted.
Dickinson hadn't offered Dodds anything to hold the offer open. In other words, Dickinson had not given any consideration (anything of value).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.
As of 2024, option contracts ( https://www.law.cornell.edu/wex/option_contract ) in the United States are available yet require consideration.