Comments on: An offer you can refuse*

By: Midsummer Madness | Cartoons | Jobsworth by Michael Scutt

Midsummer Madness | Cartoons | Jobsworth by Michael Scutt — Wed, 21 Jul 2010 09:02:12 +0000

[...] although I have little need to be interested in that area of law myself, I did find the article “An Offer you can refuse” on Part 36 offers very interesting. A Part 36 offer is a specific type of offer used in English [...]

By: simply wondered

simply wondered — Mon, 05 Jul 2010 13:43:47 +0000

stop scratching – your head is bleeding. it will not help.

By: NL

NL — Mon, 05 Jul 2010 13:19:22 +0000

I agree. I had taken that as a varied offer does not remove the original offer, but that doesn’t appear to be right.

I don’t see how the suggestion of retrospective variation could work. I can only presume it means that the offer stands as the original from the original date to date of variation and as varied offer from that later date, so that the original offer remains open for acceptance but with the date of acceptance consequences.

Unless the varied offer is clearly intended to supplant the original, which must be stated.

But that doesn’t quite appear to be what is said. Scratches head.

By: simply wondered

simply wondered — Mon, 05 Jul 2010 10:03:38 +0000

‘Or, if he wishes, he may change the terms of the original offer which then continues to stand in its varied form as from the date it was originally made’

really?!? that can’t be good for clarity. assuming that the relevant period of the earlier (may 07) offer had expired the offeree would only be allowed to accept with permission anyway, so how is it still open and how does an offeree judge what the offer is if the terms conflict. i don’t understand at all.