Bar Exam Mnemonics Practice Test

The event tested is that an offer ends when either party dies before the offeree accepts, because contract formation requires living, capable parties who can both assent and perform. When a party dies, there’s no longer a person who can accept the offer or carry out the promised performance, so the offer cannot be converted into a binding contract. If acceptance occurs before death, a contract may still form, but death prior to acceptance terminates the possibility.

Other ways an offer can end include letting time pass (lapse of time) if no acceptance occurs within the specified or reasonable period, revocation by the offeror before acceptance, or destruction of the subject matter before acceptance. The key point here is that death before acceptance automatically terminates the offer.