면책조항: 이것은 법률 자문이 아닙니다. 법률과 판례는 변경됩니다. 귀하의 특정 상황에 대해 항상 자격을 갖춘 변호사와 상담하십시오.

모든 판례
Contract Law
Court of Chancery
1840

Hyde v Wrench

(1840) 3 Beav 334

판결 이유

A counter-offer destroys the original offer, which cannot thereafter be accepted. When an offeree responds with a counter-offer rather than an unconditional acceptance, the original offer is terminated and a new offer is made which the original offeror is free to accept or reject.

사실관계

Wrench offered to sell his farm to Hyde for £1,000. Hyde responded with an offer to purchase at £950. Wrench rejected this counter-offer. Hyde then purported to accept the original offer of £1,000 and sought specific performance of the contract.

판결 요약

Lord Langdale MR held that no contract existed. When Hyde made his counter-offer of £950, he destroyed the original offer of £1,000. That original offer was no longer capable of acceptance. Hyde's subsequent purported acceptance of the £1,000 offer was therefore ineffective, as there was no subsisting offer to accept.

주요 인용문

"Under the circumstances stated in this bill, I think there exists no valid binding contract between the parties for the purchase of the property."

Lord Langdale MR

후속 처리

Followed

Consistently followed as the leading authority on counter-offers destroying original offers.

Applied

Applied in Stevenson, Jacques & Co v McLean (1880) to distinguish counter-offers from mere requests for information.

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