Counter offer Flashcards
What is a counter offer
A rejection is a refusal of the offer, it kills off the offer which cannot be revived unilaterally by the offeree. Any response which proposes a change of term constitutes a rejection of the original offer and a new offer.
Which case indicated that a counter offer must be communicated to take effect
Hyde V Wrench C had sent his counter-offer by post, but had then met D before the letter arrived and accepted the offer. Where a counter offer is made this destroys the original offer so it can no longer be accepted.
What happened in Butler Machine Tool Co Ltd V Ex-Cell-O-Corp (England) Ltd
sent quotation containing a price variation class, an order placed and sent back terms which did not include the price variation clause. Butler sought to enforce the price variation clause. But this was destroyed by the counter offer
