Revocation

Question 1

Henthorn v Frazer [1892]

a postal revocation is only effective when it is ‘brought to the mind ’of the offeree

Answer 1

• C sent his acceptance to D’s offer via post, but D delivered revocation letter before it reached D
• CoA held there was a contract
• postal rule only applies if it is reasonable for offeror to expect anything by post -> both parties living in different towns justifies the inference

Question 2

Errington v Errington [1952]

couple paying off mortgage. Arrangement cannot be revoked once performance has begun

Answer 2

• father bought a house for his son and daughter in law (Ds) -> liable for the mortgage
• father passed away before mortgage could be paid off
• father’s widow (C) claimed possession of house -> wanted to eject daughter-in-law
• CoA held that they had contractual licence to remain -> father had created unilateral contract which they had accepted when they started paying off mortgage
• unilateral contract can’t be revoked once performance has begun