Byrne v Van Tienhoven brief

Facts: The defendants offered good for sale to the defendants

by letter on 1st October which was received on 11th October and
accepted by telegram the same day and sent a response on the
15th . On 8th October, the defendant posted a letter withdrawing
the offer which reached the plaintiff on the 20th. The plaintiff
contended that this constituted breach of contract and launch
an action for the recovery of damages.

Issue: Whether the defendants had validly revoked the offer

through the letter dated 8th October

Held: The withdrawal was inoperative as a binding agreement

had been created thus the plaintiff was entitled to damages

Reason: A contract had been created on the 11th when the

plaintiffs accepted the offer dated 1st . A revocation is effective
when it is communicated to the offeree before acceptance has
been assented. Acceptance by post is effective when the
acceptance letter is posted.