Stevenson, Jacques & Co V Mc Lean - Legal Issues

Legal Issues

1. Whether P’s telegraphic enquiry constituted a counter offer, the effect of which would be to extinguish D’s original offer. 2. Whether the decision in Cooke v Oxley 3 T. R. 653 has the effect of allowing the Defendant (McLean) to revoke the offer to sell prior to its acceptance by the Plaintiffs (Stevenson, Jaques & CO). 3. Related to the second issue was a question as to whether the telegram from D at 1.25pm effectively revoked the original offer, notwithstanding that it was not received by P until after P had accepted the offer.

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