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所有案例
Contract Law
Court of Exchequer
1866

Ramsgate Victoria Hotel Co v Montefiore

(1866) LR 1 Ex 109

判决理由

An offer lapses after a reasonable time if not accepted. What constitutes a reasonable time depends on the subject matter and circumstances.

事实

Montefiore applied for shares in the Ramsgate Victoria Hotel Company in June 1864, paying a deposit. The company did not allot the shares until November 1864. Montefiore refused to take the shares.

判决摘要

The court held that the offer to purchase shares had lapsed by the time of allotment. Five months was not a reasonable time for acceptance of an offer to buy shares, given the fluctuating nature of share values. Montefiore was entitled to refuse.

关键引述

"Looking at the nature of the contract, dealing in shares of this description, I think five months is beyond any reasonable time within which the directors could allot the shares."

Pollock CB

后续处理

Good law

Standard authority on lapse of offers through passage of reasonable time.