JD Next Practice Exam

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When can an offer be withdrawn?

After the acceptance of the offeree
Before the acceptance of the offeree
Only if there is a counteroffer
When the offeree requests a change

The correct answer is: Before the acceptance of the offeree

An offer can be withdrawn before the acceptance of the offeree because, in contract law, an offer is essentially an invitation to enter into a binding agreement, and until it is accepted, the party making the offer retains the right to revoke it. This principle rests on the understanding that an offer does not create any obligations for the offeree until they accept it. The moment the offeree communicates acceptance, a binding contract is formed, and the offer can no longer be withdrawn. This ability to withdraw an offer before acceptance underscores the flexibility of the negotiating parties before a contract is finalized. Other options incorrectly imply that the offer can only be withdrawn under specific conditions, such as after acceptance or only in response to a counteroffer, which is not in line with general contract principles.