Revocation of Offer
This page includes a writing template for analyzing this topic and usage notes to guide its application. In general, the template is designed to serve as a starting point for your analysis. It should be adapted to fit the specific facts of your case and your professor’s preferences.
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Writing Template
Issue
I: The issue is whether the offer was terminated because the offeror revoked it.
Analysis
R: The offeror generally maintains the right to revoke an offer at any time before acceptance, regardless of any stated time during which the offer is supposed to remain open. The offeree’s power to accept the offer is terminated when they receive (1) actual notice of the revocation, which could be direct or indirect as long as the offeree is (2) informed in a manner reasonably understood as revocation. Additionally, (3) revocations sent by mail do not become effective until they are received by the offeree, even if dispatched earlier (Mailbox Rule).
A: Here, [apply rule to facts].
Option Contract Exception
R: An option contract restricts the offeror’s ability to revoke by creating a separate enforceable agreement to keep the offer open. This contract is binding if it (1) is in writing, signed by the offeror, recites a purported consideration, and (2) specifies fair terms within a reasonable timeframe.
A: Here, [apply rule to facts].
Firm Offer Exception
R: If the offeror is a merchant and promises in writing to keep the offer open, it becomes irrevocable for the stated duration or a reasonable time if unspecified. This irrevocability, however, is capped at three months unless consideration is provided.
A: Here, [apply rule to facts].
Promissory Estoppel Exception
R: An offer is rendered irrevocable if the offeree reasonably relies on it to their detriment. Promissory estoppel may prevent the offeror from revoking in cases where the offeree has incurred substantial reliance on the offer’s continuation.
A: Here, [apply rule to facts].
Partial Performance Exception
R: For unilateral contracts, the offer becomes irrevocable once the offeree has commenced performance. This partial performance creates an option contract obligating the offeror, at least until the offeree completes the performance or tenders substantial completion.
A: Here, [apply rule to facts].
General Offer Exception
R: When the offeror intends to revoke a general offer, the revocation must (1) be publicized with at least the same level of generality as the initial offer, and (2) no additional or superior means of notification should be reasonably accessible to the offeror. This revocation becomes effective irrespective of whether potential offerees have acted in reliance on the offer, provided the revocation publicity matches the scope of the original offer’s distribution.
A: Here, [apply rule to facts].
Conclusion
C: Therefore, the offer [was/was not] terminated because the offeror revoked it.
Usage Notes
JurisJotter templates synthesize legal principles into a practical format that supports the development of well-structured, point-rich analyses in a timed exam.
The template features (1) headers identifying the overall issue, analysis, and conclusion. If the analysis begins with an umbrella rule that identifies elements, factors, or steps of the analysis, it will be followed by subheaders that signpost the analysis of each component.
The template also features (2) IRAC labels at the beginning of each paragraph. These headers and labels are included for educational purposes, offering guidance on structuring your analysis. Your usage of the headers is optional but can be helpful to readers. We advise against including the IRAC labels in submitted work.
The templates serve as a general guide for writing and should be adapted to align with (1) your specific factual circumstances and (2) your professor’s preferences, particularly if your professor provides explicit formulations of rules or analyses. For example, you may add or subtract an element or modify its language. Regardless of whether your professor provides explicit formulations, (3) this template will assist you in crafting point-rich analyses.
Please note that these templates are writing aids and not finished products. They are efficiently designed for exam essays to demonstrate conceptual understanding; thus, they are not comprehensive outlines with historical context or dicta.
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