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4.1-12  Revocation of Offer

Revised to January 1, 2008

The (offeror: defendant / plaintiff)1 claims that (he/she/it) revoked the offer on <date> when (he/she) <describe action which allegedly constitutes revocation>.

The (offeror: defendant / plaintiff) may revoke the offer at any time before the (offeree: defendant / plaintiff) has accepted it.  Revocation is not effective unless it is communicated to the (offeree: defendant / plaintiff) before (he/she/it) has accepted the offer.  Therefore, if you find that at the time the (offeror: defendant's / plaintiff's) action had the effect of communicating (his/her/its) revocation of the offer to the (offeree: defendant / plaintiff) on <date>, the revocation of the contract was valid unless you find that the (offeree: defendant / plaintiff) had accepted the offer before <date>.
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1 The term "offeror" and "offeree" have been inserted above as a guide.  The charge should be given in terms of the "plaintiff" or the "defendant," depending on which one is the offeror and which one the offeree.

Authority

1 Restatement (Second), Contracts § 42, p. 113 & § 68, p. 163 (1981); 1 Page, Contracts, § 134, pp. 204-205; MD Drilling and Blasting v. MLS Construction, LLC, 93 Conn. App. 451, 455-56 (2006).

Notes

This rule may not apply if the contract expressly sets forth a time limitation for acceptance.
 


 

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