Engineering Board Exam Reviewer · ECE · hard
On May 1, A mailed B an offer to sell testing equipment. B mailed his acceptance on May 5. On May 6, before receiving B's letter, A sent a revocation that reached B on May 8; B's acceptance reached A on May 10. Was a contract perfected?
- Yes, on May 5 when B mailed his acceptance
- No; under the cognition theory a contract is perfected only when the offeror learns of the acceptance, and A revoked before that
- Yes, on May 10 regardless of the revocation
- Yes, because offers by mail cannot be revoked
Answer
B. No; under the cognition theory a contract is perfected only when the offeror learns of the acceptance, and A revoked before that
Solution
Article 1319: acceptance by letter binds the offerer only from the time it came to his knowledge.
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