Henthorn v Fraser - Contract case summary from llbcontracts PDF

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Contract case summary from llbcontracts...

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Henthorn v Fraser [1892] Citation Henthorn v Fraser [1892] Material Facts  The complainant and the defendant had been negotiating the purchase price of houses. An original offer to buy the houses for £600 had been rejected.  The defendant, Mr Fraser, handed the complainant, Mr Henthorn, a note that detailed an option to sell the property for £750, which would be valid for 14 days.  While this offer was being considered, another buyer was interested and the defendant concluded a contract with them instead.  The next day, the defendant then withdrew the offer to the complainant by post. This note did not reach Mr Henthorn until 5pm.  In this time, Mr Henthorn had already responded to the offer by post with an unconditional acceptance to buy the houses for £750. But, this was not delivered to Mr Fraser until the office was closed and he did not read this acceptance until the morning Issue  Whether the acceptance of the offer was valid or if the contract had been revoked successfully before the acceptance?

Reasoning  Offer was valid and an order for specific performance made for £750 to purchase the property. Result  D is due to uphold the contract as it was accepted by P before was withdrawn by her.

Ratio  When acceptance is communicated through post, acceptance is deemed to be effective at the time and place that the letter is POSTED.  Withdrawal is only effective when the offeree has received it...