Section 5 Revocation of offerI1

Scotland Not yet in force

(1)

An offer in relation to the formation of a contract may be revoked by the offeror but only if the revocation takes effect before—

(a)

the offeree accepts the offer,

(b)

from the statements or conduct of the offeree it may be determined that, as mentioned in section 2 (4), agreement has been reached, or

(c)

the offeree begins performance such as is referred to in section 3 (2).

(2)

Subsection (1) is subject to subsections (3) and (4).

(3)

Where such an offer is addressed to persons in general, persons of a particular description or the public at large—

(a)

revocation is, in a case—

(i)

other than is mentioned in sub-paragraph (ii), to be effected by the same means as were used to make the offer, and

(ii)

where the means of effecting revocation is specified in the offer, to be effected by the means so specified, and

(b)

subsection (1) is to be construed, in determining whether revocation affects a particular person, as if for references in the subsection to the offeree there were substituted references to that person.

(4)

Revocation under subsection (1) is ineffective if—

(a)

it is manifest from the terms of the offer in question that it is intended to be irrevocable, or

(b)

the offeror has, in a declaration which has taken effect, stated that it is irrevocable.

Annotations

Commencement

I1: S. 5 not in force at Royal Assent, see s. 29(2)