Distinction between a counter-offer and a request for information
A counter-offer destroys the original offer, so that the original offer is no longer open for acceptance, as in Hyde v Wrench. By contrast, a mere request for information does not affect the offer, which remains open for acceptance. In Stevenson v McLean (1880) 5 QBD 346 the seller offered to sell iron for 40s net cash. The buyer replied, ‘Please wire whether you would accept forty for delivery over two months, or if not, longest limit you would give.’ The court held that the enquiry should have been answered and not be treated as a rejection.