CASE analysis Hyde vs. Wrench By: Hassan Samoon 2K17/MBA/75 Institute of Business Administration, University of Sindh.
Overview Introduction Facts Judgment Conclusion
Introduction… The case of Hyde vs. Wrench in 1840 is leading English contract law case on the issue of counter-offers and their relation to initial offers. In this case (Hyde v Wrench [1840] 49 ER 132) Wrench offered to sell Hyde property for $1000. Hyde said he would pay $950 but Wrench refused. Hyde then said he would pay $1000, but Wrench still refused. Hyde sued, saying there was a legal agreement between the parties. This case is important for citizen of London in the court of Rolls Court . The sitting judge of court was judge Lord Langdale .
Hyde vs. Wrench HYDE was claimed to Wrench for breach of contract . (Hyde was an offeree) VS WRENCH was defendant against Hyde. (Wrench was owner of the form)
Facts WRENCH offered to sell his farm in Luddenham to HYDE for £1200, an offer which Hyde declined. On 6 June 1840 Wrench wrote to Hyde's agent offering to sell the farm for £1000, stating that it was the final offer and that he would not alter from it. Hyde offered £950 in his letter by 8 June, and after examining the offer Wrench refused to accept, and informed Hyde of this on 27 June. On the 29th Hyde agreed to buy the farm for £1000 without any additional agreement from Wrench, and after Wrench refused to sell the farm to him he(Hyde) sued for breach of contract.
Facts
Issue… Was there a contract between the parties????
Judgment Lord Langdale's judgment: Under the circumstances stated in this bill, I think there exists no valid binding contract between the parties for the purchase of this property. The defendant offered to sell it for £1000, and if that had been at once unconditionally there would undoubtedly have been a perfect binding contract; instead of that, the plaintiff made an offer of his own, to purchase the property for £950, and he thereby rejected the offer previously made by the defendant. I think that it was not afterwards competent for him to revive the proposal of the defendant, by tendering an acceptance of it; and that, therefore, there exists no obligation of any sort between the parties.
Conclusion The court found that there was no contract, because acceptance had not occurred. Where a counter offer is made this destroys the original offer so that it is no longer open to the offeree to accept. In it Lord Langdale ruled that any counter-offer cancels the original offer.