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Created by Chief Lawiki on 19 October 2009, at 04:14



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Byrne v Van Tienhoven
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Court High Court Common Pleas Division
Full case name Byrne & Co v Leon Van Tienhoven & Co
Citation(s) [1880] 5 CPD 344
Judge(s) sitting Lindley J
Keywords
revocation, postal rule

This case (Byrne v Van Tienhoven [1880] 5 CPD 344) demonstrates the principle that an Offer to contract cannot be considered withdrawn until the offeree has received it.

The sequence of events was like this.

  • October 1: 'A' posts an order to 'B' 1000 boxes of tin plate.
  • October 8: A posts a letter revoking the order
  • October 11: B receives A's order
  • October 15: B replies, accepting the terms
  • October 20: B receives A's revocation
By the 15th, B clearly thinks a contract is in place, and the court agrees. The fact that A revoked the order is irrelevant, as B had accepted before receiving the revocation.
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Chief Lawiki, Moha

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