IVI P/L v Baycrown P/L

[2005] QCA 205

Queensland Court of Appeal

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Interrogate

Catchwords

1. Contract
2. › Formation
3. › Offer and acceptance
4. › Revocation of offer
5. › Communication of revocation
6. › Whether revocation communicated to offeree's solicitor effective
7. › Whether solicitor had authority to receive revocation on behalf of client
1. Agency
2. › Authority of solicitors
3. › Actual authority
4. › Scope of solicitor's authority
5. › Whether nomination as 'buyer's solicitor' in draft contract confers authority to receive pre-contractual communications
6. › Whether solicitor has implied authority to accept notices on behalf of client
1. Agency
2. › Ostensible authority
3. › Holding out by principal
4. › Whether naming solicitor in draft contract constitutes holding out
5. › Whether reliance by third party on representation established
6. › Freeman & Lockyer v Buckhurst Park Properties (Mangal) Ltd [1964] 2 QB 480

Quick Take

A solicitor named as 'buyer's solicitor' in a draft contract that has not yet been concluded has no actual or ostensible authority to receive notice of revocation of an offer on behalf of the prospective purchaser. The designation is operative only if and when the contract comes into existence. Parties wishing to revoke an offer must communicate the revocation directly to the offeree or to a person expressly authorised to receive it.