Dickinson v. Dodds
Rule established
An offer may be revoked at any time before acceptance, even without formal communication, if the offeree learns through reliable means that the offeror has acted inconsistently with the offer.
Facts
- The defendant offered to sell property to the plaintiff, with the offer left open for a specific period
- Before this period expired, the defendant sold the property to a third party
- The plaintiff learned of this sale from a mutual acquaintance and attempted to accept the original offer regardless
- The plaintiff sued for specific performance
Issue
- Whether an offer can be effectively revoked without direct communication from the offeror, where the offeree learns of facts inconsistent with the offer through a reliable third party.
Held
- An offer can be revoked at any time before acceptance
- Revocation need not be communicated directly by the offeror; it suffices if the offeree receives reliable information, even through a third party, that the offeror has acted inconsistently with the offer (such as selling the property to someone else)
- Since the plaintiff knew of the sale before attempting acceptance, no valid contract could be formed
Ratio Decidendi
An offer may be revoked before acceptance, and revocation is effective once the offeree has reliable knowledge of it, whether communicated directly by the offeror or learned through a trustworthy third party.
How to use it in an exam
- Part A: Core authority for indirect revocation of offer.
- Part B: Use to illustrate that revocation communication requirements are somewhat more flexible than acceptance communication requirements.
- Key line: "An offer is effectively revoked once the offeree has reliable knowledge of facts inconsistent with the offer, even without direct communication from the offeror."
Source
Source: (1876) 2 Ch D 463
This is an educational summary, not the judgment itself. Cite the reported version in professional or academic work.