Different Aspects of Revocation

Necessity of Communication :

“If at the time of purported acceptance , the offeror has changed his mind ,no meeting of the minds is possible and the formation of the contract cannot take place . This indeed was the theory of an english case of 1790 Cooke v Oxley in which D offered to sell some tobacco at a certain price should P accept the proposal before 4’o clock the same day. P gave D a notice of acceptance before the deadline but D having changed his mind regused to enter the transaction. It was therefore held that no contract was made .

Problems Of Revocation:

Formation of a contract lies within giving the power of acceptance to the offreerather than in a meeting of the minds, A different principle has been definitely established . Admittedly even today Freedom of contracting and making the offers permits the offeror to reserve for himself the possibility of revoking his offer without any notice. Thus in Tartoria v Mankoa real estate broker having a listing of Ds property was held to be entitled to his comissionwhen he procured a customer after the property had been sold since the seller had concealed the sale from the broker.”

Today revocation is generally so strictly connected with the offerees notice  about it has also been defined as the communication of change in the offererspurpose. Its justified that communication is essential for revocation purpose.

Revocation of Public Offers:

On this point the restatement lays down the following rule:

An offer made by advertisement in a newspaper or by a feneral notification to public or to a no. Of persons whole identity is known to the offerer, is revoked by an advertisement or general notice given publicity equal to that given to an offer before a contract has been created by acceptance of offer.

Direct notice of Revocation:

As revocation is ineffective soo long as the offeree does not know about it the best method of revoking is to dirr3ctly notify the offereethat the offerer has changed his mind in the course of dealings between the two parties. As to there are formal requirements as to making of certain types of contracts , there are no similar requirements as to the validity of a revocation. Any means of communicating with the offeree is acceptable. The rule is expressed in section 41 of  Restatement of contracts entitled “Revocation by commucationfrom offererrecieved by offree”.

Revocation of Acceptance:

According to english law an acceptance once made is irrevocable. In the words of Anson : “Acceptance is to offer what a lighted match is to a train obviously confined in its operation only to postal acceptance. It is suggested in Anson that in other cases “an acceptance can be revoked any time before acceptance is complete provided of the course that the revocation itself is communicated before the acceptance arrives. In india on the other hand acceptance is generally revocable. An acceptoe may cancel his acceptance by a speedier mode of communication which will reach earlier than the acceptance itself. Section 5 is the relant provisio

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