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Hyde v Wrench [1840] EWHC Ch J90 is a leading English contract law case on the issue of counter-offers and their relation to initial offers. It contains Lord Langdale 's ruling that any counter-offer cancels the original offer.
The English common law established the concepts of consensus ad idem, offer, acceptance and counter-offer. The leading case on counter-offer is Hyde v Wrench [1840]. [ 3 ] The phrase "Mirror-Image Rule" is rarely (if at all) used by English lawyers; but the concept remains valid, as in Gibson v Manchester City Council [1979], [ 4 ] and Butler ...
As I understand Hyde v. Wrench, 3 Beav. 334, and the cases which have followed, the consequence of placing the order in that way, if I may adopt Megaw J.'s words [1963] 1 W.L.R. 333, 337, was "to kill the original offer." It follows that the court has to look at what happened after the buyers made their counter-offer.
The circumstances can be distinguished from Hyde v Wrench 3 Beav. 334, where there was a clear counter-offer [per Lush, J at 358]. As to the second and third issues the argument advanced by D misrepresents the proposition for which Cooke v Oxley stands. The correct principle is that a unilateral promise to hold open an offer is not binding upon ...
A counter offer is an offer which concerns the same subject matter but with different terms than the original offer. If a counter-offer is made by the offeree to the offeror, then the original offer is deemed rejected, and the power of acceptance included in the original offer is terminated. [32]
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In English contract law, an agreement establishes the first stage in the existence of a contract. The three main elements of contractual formation are whether there is (1) offer and acceptance (agreement) (2) consideration (3) an intention to be legally bound. One of the most famous cases on forming a contract is Carlill v Carbolic Smoke Ball ...