Hyde v Wrench

A counter offer rejects the original offer, which cannot then be accepted.

Citation
(1840) 3 Beav 334
Court
Court of Chancery
Year
1840
Subject
Contract Law
Topic
Offer and acceptance

Facts

On 6 June 1840 Wrench offered to sell his farm to Hyde for £1,000. On 8 June Hyde, through his agent, replied offering £950. Wrench considered this offer for some days and then, on 27 June, wrote that he could not accept it. On 29 June Hyde wrote that he was now prepared to pay the £1,000 originally asked. Wrench did not agree to sell, and Hyde sued for specific performance, arguing that he had accepted Wrench's offer of 6 June.

Legal principle

Lord Langdale MR held that there was no contract. By offering £950, Hyde had made a counter offer, which had the effect of rejecting Wrench's original offer. Once rejected, the original offer was no longer capable of being accepted, so Hyde's later attempt to accept the £1,000 offer was itself only a new offer, which Wrench was free to refuse. The case established the rule that a counter offer kills the original offer.

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This summary is for study and revision and is not legal advice. Although our case summaries are checked for accuracy, we do not guarantee that they are free from errors or omissions. Always read the full judgment for the court's reasoning.

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