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Contract law question
Posted: Sat Jul 23, 2016 2:43 pm
by perfunctory
if i enter into a bilateral contract, agreeing to pay $100 plus an item of value for someone's services, but later decide I want to change the consideration I am giving (less money or no item) can I change or revoke when the other side has suffered nothing (no skin in the game)? before performance.
Re: Contract law question
Posted: Sat Jul 23, 2016 3:16 pm
by criminaltheory
uh, no.
Re: Contract law question
Posted: Sat Jul 23, 2016 4:00 pm
by thesealocust
perfunctory wrote:if i enter into a bilateral contract, agreeing to pay $100 plus an item of value for someone's services, but later decide I want to change the consideration I am giving (less money or no item) can I change or revoke when the other side has suffered nothing (no skin in the game)? before performance.
Probably not, but of course 'it depends' is always the right answer.
Revoking is probably not allowable, since the other party probably has some sort of reasonable/actual/detrimental reliance argument. But contracts for nothing more than an exchange of items/money are often boring: if we have a contract that I'll sell you a book for $100, neither one of us could technically revoke but damages would likely be so minimal that in effect the option would still exist. There's a reason contracts classes don't focus much on ebay sales
Beyond that, the specific facts will matter a lot. How was the agreement reached, and exactly what did it say (if it was written at all)? There's no general contract rule that allows a party to swap consideration at their whim, or back out just because the deal hasn't happened yet, so the real question is probably: if party A breaches, what remedy would party B have?
Re: Contract law question
Posted: Sat Jul 23, 2016 4:07 pm
by ClubberLang
No.
Is this the scenario?
Offeror: I'll give you $100 plus a case of beer if you paint my house.
Offeree: I accept.
Offeror: Uh, I don't want to give you the beer anymore.
How is this even a question? Of course you can't do this.