Muhammad Saeed V/s Nasir Mehmood

Nasir delivered an offer to sell a house and land to M. Saeed on Wednesday 10 July, stating ‘this

offer to remain open until 9.00am on Friday, 12 July". M. Saeed apparently decided to accept

on 11 June but said nothing to Nasir because he thought he had until Friday morning. Later on

the 11th M. Saeed was informed by a third party that Nasir had sold house to someone else. M.

Saeed then supposed to accept the offer. Nasir replied that it was too late - the property had

already been sold. M. Saeed brought an action of specific performance. He was successful at

trial, which Nasir appealed.

The Court of appeal held and they said that no particular form of revocation is required. All that

is required is that the offeror in some way conveys (directly or indirectly) to the offeree that he

had changed his mind about the offer. When an offer has been made, the offeror is as free to

revoke it as the offeree is to accept or reject it. M. Saeed argued that the only way the offeror

can revoke the offer is by explicit communication to the offeree, but this is rejected by the

court. It is clear in law that an offer does not amount to an agreement and can be withdrawn at

any point. Even though it was said that the offer was to remain open until Friday, the promise

to keep the offer open was not binding because it was not supported by consideration