/ri-VOH-kay-shun by sub-SEH-kwent RIT-n IN-struh-ment/·doctrine
Also known as:revocation by subsequent written instruments · written revocation · subsequent written revocation
Written by attorneys · grounded in primary & secondary sources — see below
A method of terminating an offer by executing and delivering a later writing that manifests the offeror's intent not to be bound. Receipt occurs when the writing comes into the possession of the person addressed or is deposited in a place the addressee has authorized for such communications.
Sources & Authorities
How it applies
Common Examples
2
Mailbox Deposit of Revocation
Cathy emailed a revocation of her grain purchase offer to an address Felicity had supplied months earlier. Felicity instead printed and signed a written acceptance and placed it in the metal mailbox at the cooperative's scale house, the spot farmers customarily use for delivery tickets. Because the mailbox was an authorized place for such communications, the acceptance was received first and formed a contract.
Revocation Before Consent Delivery
Bob emailed a revocation of his equipment sale offer to an address Alice had authorized. Alice had already mailed her acceptance to Bob's office, the place designated for such communications. Because the acceptance arrived first, a contract was formed despite the later revocation attempt.
Put it into practice
Test Yourself
10
Practice Questions5
· 2 sources
Select any source to read its text and confirm it supports the definition.
Restatements
Study Supplements
Common questions
Frequently Asked
3
When is a written revocation received under the mailbox rule?+
A written revocation is received when it comes into the possession of the person addressed or is deposited in a place the addressee has authorized for such communications. Deposit in an authorized mailbox completes receipt even if the addressee has not yet read the document.
Supporting sources
Does mailing a revocation to an outdated address effect receipt?+
No. An address the recipient no longer monitors is not an authorized place for communications. A revocation sent there does not terminate the offer until it reaches the recipient or an authorized location.
Supporting sources
Can an offeror revoke a signed written offer before acceptance arrives?+
Yes. An offeror may withdraw an offer by delivering a signed revocation to an authorized place before the offeree's acceptance is received. The revocation prevents contract formation if it arrives first.
Supporting sources
Business Associations RelationshipsManagement and control of corporations and limited liability companies · CorporationsNEXTGENIntermediate