Revocation
Encyclopedia
Revocation is the act of recall or annulment
. It is the reversal of an act, the recalling of a grant, or the making void
of some deed
previously existing.
of contract
s, revocation is a type of remedy for buyer
s when the buyer accepts
a nonconforming good from the seller. Upon receiving the nonconforming good, the buyer may choose to accept it despite the nonconformity, reject it (although this may not be allowed under the perfect tender rule
and whether the Seller still has time to cure
), or revoke their acceptance. Under Article 2 of the Uniform Commercial Code
, for a buyer to revoke, he must show (1) the goods failed to conform to the contract and (2) it substantially impaired the value of the goods (this is a question of fact
).
If the buyer knew of the nonconformity at the time of acceptance, he can revoke only if he can show he accepted the goods with the impression the seller would cure it and that did not happen. If he did not know of the nonconformity at acceptance, he can revoke only if he can prove he was reasonably
induced by the difficulty of discovering the defect or by the seller's assurances. The buyer can revoke if (1) it occurs within a reasonable time after the buyer discovers or should have discovered; (2) before any substantial change in the goods not caused by their own defects; and (3) not effective until the buyer notifies the seller he is going to revoke. Upon revocation, the buyer can then cancel the contract and compel refund of the purchase price
of the goods. In some states, the courts allow the seller to set off the price for the time the buyer kept the goods before the revocation.
In contract law, revocation can also refer to the termination of an offer
. An offeror may revoke an offer before it has been accepted, but the revocation must be communicated to the offeree, although not necessarily by the offeror. If the offer was made to the entire world, such as in Carlill v Carbolic Smoke Ball Company, the revocation must take a form that is similar to the offer. However, an offer may not be revoked if it has been encapsulated in an option
.
If the offer is one that leads to a unilateral contract, then unless there was an ancillary contract entered into that guaranteed that the main contract would not be withdrawn, the contract may be revoked at any time.
, revocation of probation
in the criminal justice
system occurs when one either completes their probationary term or violates the terms of probation and is incarcerated.
, grants, law
s, contracts, sentences
, jurisdiction
, and appointments are at times revoked by the grantor, his successor or superior according to the prescriptions of law. Revocation without just cause
is illicit though often valid
. Laws and customs are revoked when, owing to change of circumstances, they cease to be just and reasonable.
Concordat
s are revocable when they redound to the serious injury of the Church
.
Annulment
Annulment is a legal procedure for declaring a marriage null and void. Unlike divorce, it is usually retroactive, meaning that an annulled marriage is considered to be invalid from the beginning almost as if it had never taken place...
. It is the reversal of an act, the recalling of a grant, or the making void
Void (law)
In law, void means of no legal effect. An action, document or transaction which is void is of no legal effect whatsoever: an absolute nullity - the law treats it as if it had never existed or happened....
of some deed
Deed
A deed is any legal instrument in writing which passes, or affirms or confirms something which passes, an interest, right, or property and that is signed, attested, delivered, and in some jurisdictions sealed...
previously existing.
Contract law
In the lawLaw
Law is a system of rules and guidelines which are enforced through social institutions to govern behavior, wherever possible. It shapes politics, economics and society in numerous ways and serves as a social mediator of relations between people. Contract law regulates everything from buying a bus...
of contract
Contract
A contract is an agreement entered into by two parties or more with the intention of creating a legal obligation, which may have elements in writing. Contracts can be made orally. The remedy for breach of contract can be "damages" or compensation of money. In equity, the remedy can be specific...
s, revocation is a type of remedy for buyer
Buyer
When someone gets characterised by their role as buyer of certain assets, the term "buyer" gets new meaning:A "buyer" or merchandiser is a person who purchases finished goods, typically for resale, for a firm, government, or organization...
s when the buyer accepts
Offer and acceptance
Offer and acceptance analysis is a traditional approach in contract law used to determine whether an agreement exists between two parties. Agreement consists of an offer by an indication of one person to another of the offeror's willingness to enter into a contract on certain terms without...
a nonconforming good from the seller. Upon receiving the nonconforming good, the buyer may choose to accept it despite the nonconformity, reject it (although this may not be allowed under the perfect tender rule
Perfect tender rule
The perfect tender rule refers to the legal right for a buyer of goods to insist upon "perfect tender" by the seller. In a contract for the sale of goods, if the goods fail to conform exactly to the description in the contract the buyer may reject the goods...
and whether the Seller still has time to cure
Cure
A cure is a completely effective treatment for a disease.The Cure is an English rock band.Cure, or similar, may also refer to:-Film and television:* The Cure , a short film starring Charlie Chaplin...
), or revoke their acceptance. Under Article 2 of the Uniform Commercial Code
Uniform Commercial Code
The Uniform Commercial Code , first published in 1952, is one of a number of uniform acts that have been promulgated in conjunction with efforts to harmonize the law of sales and other commercial transactions in all 50 states within the United States of America.The goal of harmonizing state law is...
, for a buyer to revoke, he must show (1) the goods failed to conform to the contract and (2) it substantially impaired the value of the goods (this is a question of fact
Question of fact
In law, a question of fact is a question which must be answered by reference to facts and evidence, and inferences arising from those facts. Such a question is distinct from a question of law, which must be answered by applying relevant legal principles...
).
If the buyer knew of the nonconformity at the time of acceptance, he can revoke only if he can show he accepted the goods with the impression the seller would cure it and that did not happen. If he did not know of the nonconformity at acceptance, he can revoke only if he can prove he was reasonably
Reasonable person
The reasonable person is a legal fiction of the common law that represents an objective standard against which any individual's conduct can be measured...
induced by the difficulty of discovering the defect or by the seller's assurances. The buyer can revoke if (1) it occurs within a reasonable time after the buyer discovers or should have discovered; (2) before any substantial change in the goods not caused by their own defects; and (3) not effective until the buyer notifies the seller he is going to revoke. Upon revocation, the buyer can then cancel the contract and compel refund of the purchase price
Price
-Definition:In ordinary usage, price is the quantity of payment or compensation given by one party to another in return for goods or services.In modern economies, prices are generally expressed in units of some form of currency...
of the goods. In some states, the courts allow the seller to set off the price for the time the buyer kept the goods before the revocation.
In contract law, revocation can also refer to the termination of an offer
Offer and acceptance
Offer and acceptance analysis is a traditional approach in contract law used to determine whether an agreement exists between two parties. Agreement consists of an offer by an indication of one person to another of the offeror's willingness to enter into a contract on certain terms without...
. An offeror may revoke an offer before it has been accepted, but the revocation must be communicated to the offeree, although not necessarily by the offeror. If the offer was made to the entire world, such as in Carlill v Carbolic Smoke Ball Company, the revocation must take a form that is similar to the offer. However, an offer may not be revoked if it has been encapsulated in an option
Option contract
An option contract is defined as "a promise which meets the requirements for the formation of a contract and limits the promisor's power to revoke an offer." Restatement of Contracts § 25 ....
.
If the offer is one that leads to a unilateral contract, then unless there was an ancillary contract entered into that guaranteed that the main contract would not be withdrawn, the contract may be revoked at any time.
Criminal law
In criminal lawCriminal law
Criminal law, is the body of law that relates to crime. It might be defined as the body of rules that defines conduct that is not allowed because it is held to threaten, harm or endanger the safety and welfare of people, and that sets out the punishment to be imposed on people who do not obey...
, revocation of probation
Probation
Probation literally means testing of behaviour or abilities. In a legal sense, an offender on probation is ordered to follow certain conditions set forth by the court, often under the supervision of a probation officer...
in the criminal justice
Criminal justice
Criminal Justice is the system of practices and institutions of governments directed at upholding social control, deterring and mitigating crime, or sanctioning those who violate laws with criminal penalties and rehabilitation efforts...
system occurs when one either completes their probationary term or violates the terms of probation and is incarcerated.
Canon law
In canon lawCanon law
Canon law is the body of laws & regulations made or adopted by ecclesiastical authority, for the government of the Christian organization and its members. It is the internal ecclesiastical law governing the Catholic Church , the Eastern and Oriental Orthodox churches, and the Anglican Communion of...
, grants, law
Law
Law is a system of rules and guidelines which are enforced through social institutions to govern behavior, wherever possible. It shapes politics, economics and society in numerous ways and serves as a social mediator of relations between people. Contract law regulates everything from buying a bus...
s, contracts, sentences
Sentence (law)
In law, a sentence forms the final explicit act of a judge-ruled process, and also the symbolic principal act connected to his function. The sentence can generally involve a decree of imprisonment, a fine and/or other punishments against a defendant convicted of a crime...
, jurisdiction
Jurisdiction
Jurisdiction is the practical authority granted to a formally constituted legal body or to a political leader to deal with and make pronouncements on legal matters and, by implication, to administer justice within a defined area of responsibility...
, and appointments are at times revoked by the grantor, his successor or superior according to the prescriptions of law. Revocation without just cause
Just cause
Just cause or Bare sagen is a common standard in labor arbitration that is used in labor union contracts in the United States as a form of job security.-Use in Labor Union Contracts:...
is illicit though often valid
Valid but illicit
Valid but illicit, also known as valid but illegal, as it pertains to Roman Catholicism, refers to the unauthorized but valid celebration of the sacraments, especially regarding the ordinations of clergy. In the Roman Catholic Church several kinds of people have authority to celebrate the sacraments...
. Laws and customs are revoked when, owing to change of circumstances, they cease to be just and reasonable.
Concordat
Concordat
A concordat is an agreement between the Holy See of the Catholic Church and a sovereign state on religious matters. Legally, they are international treaties. They often includes both recognition and privileges for the Catholic Church in a particular country...
s are revocable when they redound to the serious injury of the Church
Roman Catholic Church
The Catholic Church, also known as the Roman Catholic Church, is the world's largest Christian church, with over a billion members. Led by the Pope, it defines its mission as spreading the gospel of Jesus Christ, administering the sacraments and exercising charity...
.
External links
- Revocation in canon law from Catholic EncyclopediaCatholic EncyclopediaThe Catholic Encyclopedia, also referred to as the Old Catholic Encyclopedia and the Original Catholic Encyclopedia, is an English-language encyclopedia published in the United States. The first volume appeared in March 1907 and the last three volumes appeared in 1912, followed by a master index...