ABSTRACT
The rule here depends upon whether the death is that of the offeror or that of the offeree.
Death of the offeror
Where the offeror has died after making the offer, it appears that an acceptance after his death will be valid, providing:
(a) that the contract can be performed from the deceased’s estate (thus acceptance of an offer to provide a personal service will lapse); and
(b) that the offeree was unaware of the offeror’s death at the time he accepted the offer.
