| When doing any form of business and it entails | | | | and form a binding contract but the offeree who |
| entering into Jamaica real estate sales contracts it is | | | | makes the counter-offer cannot change his mind and |
| important to understand the offer process. | | | | revive the original offer unless the offeror so agrees. |
| An offer to the general public | | | | It is important to note that a mere request for further |
| Sometimes an offer is made to the 'whole world' by | | | | information is not a counter-offer and therefore does |
| advertisement, for example, an offer of a reward for | | | | not destroy the original offer. |
| information leading to recovery of stolen property. If an | | | | Lapse: An offer may lapse and therefore become |
| advertisement is in the form: 'If anyone does.....then I will | | | | incapable of acceptance for the following reasons: |
| give that person......," then it will probably be an offer and | | | | Passage of time: If an offer states that it is open for |
| the advertiser will then be bound by it. | | | | acceptance until a certain day, a latter acceptance will |
| A contract arising out of an offer to the general public | | | | clearly be ineffective. Even if there is no express time |
| is sometimes called a unilateral contract because the | | | | limit, an offer is normally open only for a reasonable |
| offeror does not know who will accept his offer. It is | | | | time. |
| conceivable that an offeror may refuse an | | | | Failure of a condition subject to which the offer was |
| acceptance of a public offer on the grounds that the | | | | made: if the offer was made subject to a condition |
| acceptor was not motivated by knowledge of the | | | | and that condition is not fulfilled, the offer is incapable |
| offer when he took the action specified in the offer, | | | | of acceptance. Such a condition may be express or |
| but the precedents on this point are not very clear. | | | | implied. |
| Termination of the offer | | | | Death of the offeror: The offer lapses when the |
| An offer may terminate by revocation, rejection or | | | | offeree hears of the offeror's death and cannot be |
| lapse of time. | | | | subsequently accepted. The law is uncertain in |
| Revocation: The withdrawal or revocation of an offer | | | | situations where an acceptance is made in ignorance |
| may be made at any time before acceptance but to | | | | of the offeror's death. However, if the contract is |
| be effective it must be communicated to the offeree. | | | | dependent upon the offeror's personality, for example, |
| It is not necessary for the offeror himself to | | | | an offer to paint a picture or write a book, the offer |
| communicate the revocation to the offeree as long as | | | | terminates automatically on death. If, on the other hand, |
| the latter received the information from a reliable | | | | the offer is independent of the offeror's personality |
| source. | | | | and can be satisfied out of his estate, for example, an |
| Rejection: An offer may be rejected expressly by the | | | | offer to sell goods, the acceptance is valid if made |
| offeree but notice thereof is only effective when it | | | | before the offeree has been notified of the death. |
| actually reaches the offeror. A rejection is implied | | | | Death of the offeree: Although there is no English |
| where the offeree makes a counter-offer varying the | | | | authority on this point the offer lapses on the death of |
| terms of the original offer. The party who made the | | | | the offeree and cannot be accepted by his personal |
| original offer may, of course, accept the counter-offer | | | | representatives. |