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Civil Matter - Defendent Defendent
Civil Matter - Defendent Defendent
Sohan
...Plaintiff
Versus
Mohan
...Defendant
III. ARGUMENTS
1. Whether a valid contract was formed between Mohan and Sohan before
the offer lapsed.
Sohan claims acceptance on November 4 using the postal rule, or on
November 5, relying on the postal rule, but the offer didn't specify this
method. Mohan withdrew the offer before knowing about Sohan's
acceptance. Regarding revocation, Mohan informed Sohan before the
acceptance was sent, rendering it invalid as the offer had already been
revoked.
A. Absence of Postal Rule Application:
The plaintiff's case hinges on the postal rule for acceptance, but it's
crucial to note that this rule applies only if the offeror specifies postal
communication. Mohan's offer didn't stipulate the method of
acceptance. Stress that in the absence of a specified method,
acceptance is effective upon communication to the offeror, not just
upon mailing.
B. Revocation of Offer:
Stress that Mohan sent a notice to Sohan, revoking the offer, before
Sohan mailed his acceptance. Clarify that a revocation becomes effective
when it's received by the person it's addressed to, and in this case, it was
received before Sohan sent his acceptance. Argue that this makes any
acceptance made after the revocation invalid, as the offer had already
been cancelled.