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FactsEdit

Evans wrote to Livingstone proposing to sell a piece of land for $1,800. Livingstone wired in return "Send lowest cash price. Will give $1600 cash. Wire." Evans responded with "Cannot reduce price." Livingstone then wrote to accept the original offer of $1,800. Evans no longer wanted to sell to Livingstone, Livingstone sued for specific performance.

IssueEdit

  1. Was the first telegram from Livingstone a counter-offer?
  2. If so, did this counter-offer constitute a rejection of Evans' offer and free Evans from it?

DecisionEdit

Finding for the plaintiff, order of specific performance granted.

ReasonsEdit

Walsh held that under Hyde v Wrench a counter-offer constitutes a rejection, very firmly established. Because of this long standing precedent, Livingstone's first telegram is a counter-offer and an inquiry and although both, the counter-ofwal of the original offer which Livingstone then accepted.

RatioEdit

  • A counter-offer constitutes a rejection.
  • An offer can be renewed after a counter-offer through ambiguous language.

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