Once an offer is made the offeror has the "right . . . to terminate [their] offer by withdrawing it at any time before acceptance." Merritt Land Corp. v. Marcello, 291 A.2d 263, 266 (R.I. 1972). The offeror may withdraw an offer in various ways, including by "manifest[ing] . . . an intention not to enter into the proposed contract."
Once an offer is made, however, the offeror has the "right . . . to terminate his offer by withdrawing it at any time before acceptance." Merritt Land Corp. v. Marcello, 110 R.I. 166, 172, 291 A.2d 263, 267 (1972). Once the offeror withdraws its offer, the offeree has nothing to accept; its subsequent attempt to accept the withdrawn offer is thus a nullity.
In any event, the College terminated its offer by the August 3 letter, well before Dr. Bina's purported acceptance. See Merritt Land Corp. v. Marcello, 110 R.I. 166, 171-72, 291 A.2d 263, 266 (1972). We therefore conclude that the district court did not err in finding that no contract was formed between Dr. Bina and the College.
As a matter of contract law, since the revocation occurred after plaintiffs' acceptance of the offer, the revocation was not effective as to plaintiffs. See Merritt Land Corp. v. Marcello, 110 R.I. 166, 291 A.2d 263 (1972). Finally, the agreement between the State and the plaintiffs is supported by consideration. Contracts implied in fact require consideration as express contracts do.
On these facts, the defendants argue the basic proposition that an offer may be withdrawn prior to its acceptance. Merritt Land Corp. v. Marcello, 110 R.I. 166, 171-172, 291 A.2d 263 (1972); and that it is inconsistent for the plaintiff to claim the benefits of the September 2, 1988 and May 25, 1989 contracts for adjunct faculty membership and still assert entitlement to membership to the Ordinary Faculty as of those dates. He cannot have it both ways.
The Defendant, after assenting to the Release Agreement, could have revoked her assent to the agreement at any time prior to learning of the Plaintiff's assent. See Merritt Land Corp. v. Marcello, 110 R.I. 166, 171-72, 291 A.2d 263, 266-67 (1972). However, upon the Plaintiff's execution of the Release Agreement, and it being communicated to the Defendant, the Defendant's power to revoke assent was extinguished.See id.
Therefore, defendant's bid did not lapse. Assuming arguendo that defendant's bid did not lapse upon the expiration of the forty-five (45) days subsequent to the opening of the bids, defendant's bid remained effective. It has long been established that an offerer may withdraw its offer any time before acceptance. Merritt Land Corporation v. Marcello, 110 R.I. 166, 171-172, 291 A.2d 263, 266 (R.I. 1972). If withdrawn prior to acceptance, such offer becomes a "complete nullity and utterly void." Id. at 267.