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 It is clear in law that an offer does not amount to an agreement and can be withdrawn at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