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- The defendant asked a friend to tell the claimant that the offer had been revoked, which was done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
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