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When does the communication of acceptance become complete against the acceptor?
When does the communication of acceptance become complete against the acceptor?
At what point may revocation of acceptance be valid according to s.5(2)?
At what point may revocation of acceptance be valid according to s.5(2)?
What is the status of the revocation when it is posted by the proposer?
What is the status of the revocation when it is posted by the proposer?
In the context of the case, when was the contract binding on D?
In the context of the case, when was the contract binding on D?
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According to the case analysis, when can an acceptor no longer rescind their posted revocation of acceptance?
According to the case analysis, when can an acceptor no longer rescind their posted revocation of acceptance?
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When is acceptance considered valid according to the principles discussed?
When is acceptance considered valid according to the principles discussed?
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At what point is a revocation of acceptance effective against the acceptor?
At what point is a revocation of acceptance effective against the acceptor?
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If the revocation of acceptance is posted after the acceptance, what is true regarding the effectiveness of both communications?
If the revocation of acceptance is posted after the acceptance, what is true regarding the effectiveness of both communications?
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According to the timing of communications, when was the revocation of acceptance effectively received by D?
According to the timing of communications, when was the revocation of acceptance effectively received by D?
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Which interpretation aligns with the rules established under the Contracts Act regarding acceptance and revocation?
Which interpretation aligns with the rules established under the Contracts Act regarding acceptance and revocation?
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Under what condition can a proposal be revoked?
Under what condition can a proposal be revoked?
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What happens to a revocation once it is put into transmission to the acceptor?
What happens to a revocation once it is put into transmission to the acceptor?
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What is the significance of instantaneous communication in relation to acceptance?
What is the significance of instantaneous communication in relation to acceptance?
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According to section 4(2)(a) of the Contracts Act, when is the communication of acceptance complete against the proposer?
According to section 4(2)(a) of the Contracts Act, when is the communication of acceptance complete against the proposer?
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What legal principle is applied when discussing the revocation of an offer before acceptance communication is complete?
What legal principle is applied when discussing the revocation of an offer before acceptance communication is complete?
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What can be concluded about the Bhagwandas and Entores cases in relation to revocation?
What can be concluded about the Bhagwandas and Entores cases in relation to revocation?
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What is true regarding the timing of a proposal’s revocation?
What is true regarding the timing of a proposal’s revocation?
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Which statement best summarizes the rules regarding acceptance and its communication?
Which statement best summarizes the rules regarding acceptance and its communication?
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When is the revocation of acceptance considered valid against the person who made it?
When is the revocation of acceptance considered valid against the person who made it?
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What is the key factor that determines the timing of acceptance being considered valid?
What is the key factor that determines the timing of acceptance being considered valid?
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What does the communication of acceptance being complete imply in relation to the acceptor?
What does the communication of acceptance being complete imply in relation to the acceptor?
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In the scenario provided, when did D effectively receive the revocation of acceptance?
In the scenario provided, when did D effectively receive the revocation of acceptance?
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Which of the following best describes the status of a revocation of acceptance once it is posted?
Which of the following best describes the status of a revocation of acceptance once it is posted?
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What is necessary for a revocation of an offer to be considered valid according to section 4(3)(a)?
What is necessary for a revocation of an offer to be considered valid according to section 4(3)(a)?
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Under which condition may an acceptance be cancelled before the offeror is aware?
Under which condition may an acceptance be cancelled before the offeror is aware?
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What happens to the revocation of an offer once it is posted according to section 4(3)(a)?
What happens to the revocation of an offer once it is posted according to section 4(3)(a)?
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What does section s.5(1) state regarding the revocation of a proposal?
What does section s.5(1) state regarding the revocation of a proposal?
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In the context of revocations, what does the term 'course of transmission' refer to?
In the context of revocations, what does the term 'course of transmission' refer to?
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At what point is the revocation of an offer considered valid according to the provided details?
At what point is the revocation of an offer considered valid according to the provided details?
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According to section 4(3)(b), when is the communication of revocation complete against the person to whom it is made?
According to section 4(3)(b), when is the communication of revocation complete against the person to whom it is made?
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What does section 5(2) state about the acceptance of an offer?
What does section 5(2) state about the acceptance of an offer?
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Which principle is applied when understanding the communication of acceptance and revocation?
Which principle is applied when understanding the communication of acceptance and revocation?
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When can an acceptor no longer rescind their posted revocation of acceptance?
When can an acceptor no longer rescind their posted revocation of acceptance?
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At what point can a proposer effectively revoke an offer?
At what point can a proposer effectively revoke an offer?
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How is the communication of revocation considered complete against the acceptor?
How is the communication of revocation considered complete against the acceptor?
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In the context of instantaneous communication, when is acceptance deemed complete?
In the context of instantaneous communication, when is acceptance deemed complete?
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What does section 4(2)(a) of the Contracts Act state regarding acceptance?
What does section 4(2)(a) of the Contracts Act state regarding acceptance?
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Which statement accurately describes the relationship between the proposer and the revocation of an offer?
Which statement accurately describes the relationship between the proposer and the revocation of an offer?
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Which scenario best illustrates a misunderstanding of the postal rule concerning revocation?
Which scenario best illustrates a misunderstanding of the postal rule concerning revocation?
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What is a key concept regarding the effectiveness of proposals and their revocations?
What is a key concept regarding the effectiveness of proposals and their revocations?
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What challenge arises from the interpretation of the Bhagwandas and Entores cases?
What challenge arises from the interpretation of the Bhagwandas and Entores cases?
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A proposal can be revoked at any time after the communication of acceptance is complete.
A proposal can be revoked at any time after the communication of acceptance is complete.
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The communication of acceptance is considered complete once it is put into a course of transmission to the acceptor.
The communication of acceptance is considered complete once it is put into a course of transmission to the acceptor.
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Revocation of an offer becomes effective against the offeror when it is delivered to the offeree.
Revocation of an offer becomes effective against the offeror when it is delivered to the offeree.
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An acceptance can be canceled as long as the offeror has knowledge of it.
An acceptance can be canceled as long as the offeror has knowledge of it.
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An offer can be revoked when the offeror becomes mentally incapacitated.
An offer can be revoked when the offeror becomes mentally incapacitated.
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The revocation of an offer is considered valid when it is received by the acceptor.
The revocation of an offer is considered valid when it is received by the acceptor.
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An acceptance can be revoked after it has been communicated to the proposer.
An acceptance can be revoked after it has been communicated to the proposer.
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The communication of acceptance is complete against the acceptor when the proposer becomes aware of it.
The communication of acceptance is complete against the acceptor when the proposer becomes aware of it.
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Once the acceptor posts a revocation of acceptance, they can rescind it anytime before the revocation is received.
Once the acceptor posts a revocation of acceptance, they can rescind it anytime before the revocation is received.
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The communication of revocation becomes effective against the person to whom it is made only when it is posted.
The communication of revocation becomes effective against the person to whom it is made only when it is posted.
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A proposal may be revoked after the communication of acceptance is complete against the proposer.
A proposal may be revoked after the communication of acceptance is complete against the proposer.
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The communication of revocation is considered complete when it is received by the acceptor.
The communication of revocation is considered complete when it is received by the acceptor.
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Under instantaneous communication, acceptance is complete when it is transmitted to the proposer.
Under instantaneous communication, acceptance is complete when it is transmitted to the proposer.
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According to section 4(2)(a), the acceptance is complete once it is put in a course of transmission to the proposer.
According to section 4(2)(a), the acceptance is complete once it is put in a course of transmission to the proposer.
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The case of Entores illustrates the principle that acceptance can be effectively communicated at any time prior to the revocation of the offer.
The case of Entores illustrates the principle that acceptance can be effectively communicated at any time prior to the revocation of the offer.
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Instantaneous communication does not differentiate the time acceptance is complete against the proposer and the acceptor.
Instantaneous communication does not differentiate the time acceptance is complete against the proposer and the acceptor.
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The revocation of an offer is ineffective if it is communicated after the acceptor has sent their acceptance.
The revocation of an offer is ineffective if it is communicated after the acceptor has sent their acceptance.
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A proposal that is revoked before acceptance can still be valid if communicated after acceptance is sent but before it is received.
A proposal that is revoked before acceptance can still be valid if communicated after acceptance is sent but before it is received.
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The acceptance is considered valid on October 11.
The acceptance is considered valid on October 11.
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The revocation of acceptance is effective as of October 12.
The revocation of acceptance is effective as of October 12.
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D received the acceptance before the revocation on October 22.
D received the acceptance before the revocation on October 22.
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The communication of acceptance is complete against the acceptor when the acceptance is posted.
The communication of acceptance is complete against the acceptor when the acceptance is posted.
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A revocation cannot be valid if it is posted after acceptance is communicated to the proposer.
A revocation cannot be valid if it is posted after acceptance is communicated to the proposer.
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Study Notes
Revocation
- Revocation is important for understanding when offers and acceptances can be taken back.
- An offer can be revoked before acceptance.
- Acceptance revocation is more complex. An acceptance can only be revoked if the offeror is unaware that an acceptance has happened.
Revocation of Offer
- Review section 6 of the relevant law to understand how to revoke an offer.
- Notice: methods of providing notification of revocation
- Time: Time constraints associated with revocation.
- Non-compliance with conditions: Conditions that must be met
- Death/mental illness of offeror: Circumstances influencing revocation.
- Offers can be revoked with section 5(1) when used in conjunction with section 4(2)(a).
- Revocation is valid when it meets the conditions of section 4(3)(a) and section 4(3)(b).
- Understand the postal rule regarding revocation.
Important Sections
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Section 5(1): An offer can be revoked at any point before acceptance is complete, for the offeror.
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Section 4(2)(a): Communication of acceptance is complete when it's sent and out of the acceptor's control.
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Important: An offer can be revoked at any time before the post/communication of acceptance is final.
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Section 4(3)(a) and (b): The communication of the revocation of an offer is complete:
- Against the person making it: When the revocation is sent/communicated.
- Against the receiver: When the revocation becomes known to them.
Instantaneous Communication
- Section 5(1) still applies, but section 4(2) does not apply in situations with instantaneous communication.
- Instantaneous communication means that acceptance is complete when the offeror hears/receives it.
- There is no difference between acceptance being complete from the point of view of the offeror, and the acceptor.
- Note: Using section 4(2) in instantaneous communication scenarios is not problematic.
Case Study: Byrne & Co v Leon Van Tienhoven
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Oct 1: D sends offer
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Takes 10 - 11 days to arrive
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Oct 8: D revokes offer
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Oct 11: P accepts offer (telegraphs)
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Oct 20: P receives letter of revocation.
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Crucial for understanding when something is considered legally valid.
Revocation of Acceptance
- Revocation of acceptance follows the same principles as revocation of an offer.
- Section 5(2) An acceptance can be revoked at any time prior to the acceptance being communicated to the proposer.
- Section 4(2)(b): Communication of an acceptance is complete against the acceptor when it is communicated to the proposer.
- Revocation of acceptance is valid under section 4(3)(a) and section 4(3)(b) and the same rules as for revocation of an offer.
- The acceptor can revoke their acceptance prior to the letter of acceptance being received by the proposer.
Illustrations
- Example scenarios illustrating how revocation works regarding offers, acceptances, and postal rules.
- Explains acceptance is complete when the letter of acceptance is sent, for the proposer.
- Clarifies examples and scenarios for instantaneous communication and postal rules, relating to validity and timelines in revocation.
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Description
This quiz explores the essential concepts of revocation in contract law, focusing on offers and acceptances. You'll learn about the legal framework, including various sections that govern the revocation process and the circumstances that can influence it. Test your understanding of how to effectively revoke an offer and the postal rule associated with it.
