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Dickenson v Dodds [1876]

Facts

  • The defendant offered to sell his house to the claimant, in an offer open until Friday
  • On the Thursday, the defendant accepted an offer from third party
  • The defendant asked a friend to tell the claimant that the offer had been revoked, which was done
  • The claimant attempted to accept the offer on the Friday

Issue

  • Could the claimant seek specific performance; could an offer be revoked by another person under instruction from the offeror

Decision

  • Claim dismissed

Reasoning

  • There was no consideration provided by the claimant for the defendant to keep the offer open until Friday
  • It was acceptable for a friend to revoke the offer on behalf of the defendant
  • The offer could be revoked as it not been accepted
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