MBE Rules · Contracts

Termination of offer — rejection

The rule

Rejection by the offeree terminates the power of acceptance. A counter-offer operates as a rejection plus a new offer (common law); a mere inquiry or request to keep the offer open does not.

In plain English

If you say no to an offer, you can't later say yes to it. If you suggest a different deal instead, it's like saying no and making a new offer.

Worked example

The buyer tells the seller, 'No, but I'll pay $90 instead of $100.' This ends the original $100 offer and starts a new $90 offer.

Memory hook

Reject & Reset: Say no, let go. Rejection kills the offer; counter-offer revives with new terms.

The trap

Students think: Any response is rejection. Wrong, because mere inquiries don't terminate. Actual test: offeree's intent to reject.

How examiners test it

The MBE loves: offeree responds with a question or suggestion. Trap: assuming it's rejection. Look for clear rejection or counter-offer intent.

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