MBE Rules · Contracts
Termination of offer — revocation
The rule
At common law, an offer is freely revocable any time before acceptance, even if the offeror promised to keep it open — unless one of the irrevocability doctrines applies (option contract, firm offer under UCC §2-205, partial performance of a unilateral offer, or detrimental reliance).
In plain English
You can take back an offer anytime before the other person agrees to it, unless you've made a special promise or the other person has started to rely on it.
Worked example
The buyer offers to sell a car to the defendant and promises to keep the offer open for a week. Three days later, the buyer revokes the offer before the defendant accepts. The revocation is valid unless the defendant has relied on the offer.
Memory hook
Revocation Revolution: Offers can vanish before a 'yes'—unless locked by option, firm offer, partial performance, or reliance.
The trap
Students think: A promise to keep an offer open is binding. Wrong, because the promise alone isn't enough. The actual test is if an irrevocability doctrine applies.
How examiners test it
The MBE loves: an offeror promises to keep an offer open but revokes before acceptance. Trap: ignoring if an option contract, firm offer, partial performance, or reliance applies.
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