accepted as late as the following November. The offer had not been accepted within a reasonable Perm. Bearing in mind the fluctuating nature of the subject matter. An offer may also come to an end. If a condition in the offer is not fulfilled. So if they offer is express as subject to the occurrence of some condition For example, if I offered to sell you a quantity of pens subject to me. Being supplied with such pens to sell you. Then if I don’t manage to secure the supplies the offer will come to an end. This is because the offer was conditional on a particular state of affairs which did not occur. The courts can also Imply a condition into an offer where it has not been expressly stated by the offeror. So, for example, if I offer to buy goods from you, it will be implied that the offer is subject to the condition that the goods will remain in more or less the same state that they were in at the time of the offer.
The authority for that, of course, is finances limited and Simpson in 1962. Lastly. Death may operate to terminate the offer. So where the offeror dies? after making an offer but before the offeree has accepted, then if it is on offer in a personal service contract, meaning that it was a service such as employment or agency or something which has to be perform. Personal,, then the offer will come to an end on the offerors death.
However, it is not a personal service contract. For example, it was for the sale of land. Then the offers death, without sounding too harsh about it, will be irrelevant as his estate can no doubt continue the transaction. So, it is possible for an offer to continue even after the death of the offeror or where the offeree accepts without knowing of the offerors death and the relevant authority. Is the 1862 case of Bradbury and Morgan.
Now those are the ways an offer may be terminated. But the most significant way an offer may be terminated is where it is no longer standing as an offer. But is accepted and forms a binding agreement. Now in the next set of lectures we will discuss acceptance and the principles relating to acceptance. For the moment though, you need to consider the ways in which an offer may be revoked and interestingly, when we get to acceptance you will see how once it is accepted we then move into the area of contractual obligations.