This case is concerned with the counter offer in the offer and acceptance chapter of contract law
Facts of Hyde v Wrench
The defendant made an offer to the claimant to sell his farm for 1000 pounds. But in return to this offer he said I will pay 950 pounds and the defendant refused to sell the farm at this price.
The claimant then accepted the first price of 1000 pounds, but now the defendant didn’t wanted to sell the farm. The claimant sued the Defendant for the specific performance of the contract.
Issue
The issue in this case was the contract been formed between the defendant and the claimant?
Decision
No contract was formed between them as when the claimant said that I want to buy it for 950 pounds , this made a counter offer to the original offer of 1000 pounds, and counter offer terminates the original offer
Key point of Hyde v Wrench
When an counter offer is made it terminates the original offer
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