Private law contract week 1 - 3
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Questions and Answers

What does the Court emphasize as essential for a commercial contract?

  • What the parties think in their minds
  • What the parties intended to say
  • What is discussed in negotiations
  • What has actually been said (correct)

    • In the case of Mathieson Gee (Ayrshire) LTD v Quigley, was there a contract based on the offer and acceptance?

  • No, there was no consensus reached (correct)
  • Yes, the acceptance was valid
  • Yes, both parties agreed to all terms
  • No, the offeror did not provide the goods

    • What statement constitutes an offer according to the definition provided?

  • A request for potential buyers to make an offer
  • A statement with clear terms indicating intention to be bound (correct)
  • An advertisement for products
  • A statement indicating a willingness to negotiate

    • Which of the following is an example of an invitation to treat?

    <p>An advertisement for a product</p> Signup and view all the answers

    Who is referred to as the offeror in a contract?

    <p>The party making the offer</p> Signup and view all the answers

    Which of the following best describes the principle of consideration in a contract?

    <p>A value exchanged that creates a binding obligation</p> Signup and view all the answers

    What happens if there is performance after a lack of clear consent between parties?

    <p>It may change the outcome regarding contract existence</p> Signup and view all the answers

    What is the initial step in the formation of a contract following an invitation to treat?

    <p>Response as an offer</p> Signup and view all the answers

    What did Viscount Stair affirm about offers in contracts?

    <p>An offer accepted is a contract</p> Signup and view all the answers

    In the case of Boots, what legally constituted the offer in their self-service sales?

    <p>The act of selecting a product</p> Signup and view all the answers

    Which of the following statements accurately reflects the effect of a counter-offer?

    <p>It nullifies the original offer</p> Signup and view all the answers

    At what point does an offer lapse?

    <p>When it is rejected or not accepted in time</p> Signup and view all the answers

    What must occur for acceptance to convert an offer into a contract?

    <p>Acceptance must conform to the offer's terms</p> Signup and view all the answers

    Which of the following correctly describes the ability to contract?

    <p>Capacity involves being legally able to understand the contract</p> Signup and view all the answers

    In the Carlill v Carbolic Smokeball Co case, what was a critical element in establishing the offer?

    <p>The advertisement's clarity and intent</p> Signup and view all the answers

    Why can silence not be considered as acceptance in a contract?

    <p>It does not fulfill the need for mutual agreement</p> Signup and view all the answers

    Which element is essential for the conclusion of a contract?

    <p>Mutual agreement on the terms</p> Signup and view all the answers

    What constitutes an offer in contract law?

    <p>A firm proposal for a contract that is intended to be legally binding</p> Signup and view all the answers

    In the context of contract law, consideration refers to:

    <p>The price or benefit exchanged between parties</p> Signup and view all the answers

    Which party is referred to as the pursuer in a contractual dispute?

    <p>The party seeking damages</p> Signup and view all the answers

    What does the term 'capacity to contract' refer to?

    <p>The legal ability of individuals or entities to enter into contracts</p> Signup and view all the answers

    In Frederic's case, did a contract conclude when Adham posted the money?

    <p>Yes, as consideration was provided in the form of money</p> Signup and view all the answers

    What is a breach of contract?

    <p>Failure to perform any term of a contract without a legitimate legal excuse</p> Signup and view all the answers

    How do courts typically determine consensus in a contract?

    <p>Objectively, focusing on the conduct and statements of the parties</p> Signup and view all the answers

    What is one of the primary functions of contract law?

    <p>To facilitate trade and underpin transactions</p> Signup and view all the answers

    Which principle is unique to Scots law in contrast to English law?

    <p>The doctrine of promise</p> Signup and view all the answers

    What types of contracts does Scots law specifically address?

    <p>Contracts for goods, services, land, and employment</p> Signup and view all the answers

    What question should be asked to assess contract enforceability?

    <p>Can the parties to the contract legally accept the terms?</p> Signup and view all the answers

    What are the principal remedies in contract law?

    <p>Specific performance, damages, and interdicts</p> Signup and view all the answers

    What is the primary function of private law?

    <p>To uphold rights and enforce duties</p> Signup and view all the answers

    What are the four categories of private law?

    <p>Persons, Properties, Obligations, Actions</p> Signup and view all the answers

    In the context of private law, what are 'obligations' primarily concerned with?

    <p>Rights against other persons</p> Signup and view all the answers

    What role does private law serve in relation to civil courts?

    <p>To provide remedies when duties have been breached</p> Signup and view all the answers

    What enhances the ability of rights to be vindicated under private law?

    <p>Court orders providing remedies</p> Signup and view all the answers

    Which of the following is a key focus of the module introduced in this context?

    <p>Scots Private Law</p> Signup and view all the answers

    Which of the following best describes the term 'persons' in the context of private law?

    <p>Legal entities recognized for rights and duties</p> Signup and view all the answers

    What is an essential outcome when the duties enforced by private law are breached?

    <p>A court remedy may be awarded</p> Signup and view all the answers

    What distinguishes voluntary obligations from involuntary obligations?

    <p>Voluntary obligations arise from contract or promise.</p> Signup and view all the answers

    Which of the following best describes the obligation in a delict?

    <p>The obligation is to make reparation for harm wrongfully caused.</p> Signup and view all the answers

    In the context of unjustified enrichment, what is typically required of the obligated party?

    <p>To restore any benefits received without justification.</p> Signup and view all the answers

    What accurately describes the relationship of rights and duties in obligations?

    <p>Both parties hold corresponding rights and duties.</p> Signup and view all the answers

    What is a common feature of personal rights recognized in Scots law?

    <p>They allow individuals to claim for duties owed to them.</p> Signup and view all the answers

    Which of the following obligations is NOT a characteristic of a promise?

    <p>The obligation must carry a legal penalty for non-fulfillment.</p> Signup and view all the answers

    What is true about negative marking in assessments?

    <p>It ensures that guessing does not benefit students.</p> Signup and view all the answers

    What is essential for a unilateral obligation to exist?

    <p>The obligation can arise solely from one party's action.</p> Signup and view all the answers

    Which of the following best defines an enforceable contract?

    <p>A contract that has been clearly settled between the parties</p> Signup and view all the answers

    What does the phrase 'agreements to agree' imply in contract law?

    <p>They are not enforceable by law</p> Signup and view all the answers

    Which of the following statements about incomplete agreements is true?

    <p>An enforceable contract must be reasonably definite</p> Signup and view all the answers

    What is a conditional agreement in the context of contract law?

    <p>A contract that depends on an uncertain future event</p> Signup and view all the answers

    What constitutes a reasonable definiteness in a contract?

    <p>Clarity on all essential contractual terms</p> Signup and view all the answers

    What can be considered a valid contract in the context of price determination?

    <p>A term determined by an open market value assessment</p> Signup and view all the answers

    Which of the following statements accurately reflects the legal intention required for creating a contract?

    <p>Both parties must intend to create legal obligations for a contract</p> Signup and view all the answers

    What is implied when there is dissensus on price in a contract?

    <p>The courts may imply a term for reasonable payment during work execution</p> Signup and view all the answers

    Which outcome is likely when a contract specifies that price is not an essential term?

    <p>The contract remains valid and binding despite price uncertainty</p> Signup and view all the answers

    What is a significant factor in determining if an agreement is legally binding?

    <p>The patrimonial interest of the parties involved</p> Signup and view all the answers

    Which of the following describes a situation where a social agreement is not legally binding?

    <p>Balfour v Balfour</p> Signup and view all the answers

    Under what condition is a written document required for the constitution of certain contracts according to the Requirements of Writing (Scotland) Act 1995?

    <p>If the contract involves a unilateral obligation in the course of business</p> Signup and view all the answers

    What is a characteristic of a suspensive obligation?

    <p>Due once a certain event has occurred</p> Signup and view all the answers

    In the context of formalities under the Requirements of Writing (Scotland) Act 1995, what must happen for an unwritten contract regarding land to be enforced?

    <p>One party must act in reliance on the contract with knowledge of the other party's consent</p> Signup and view all the answers

    Which of the following cases involved a commercial agreement with the determination of there being no contract?

    <p>Rose and Frank Co v JR Crompton &amp; Bros Ltd</p> Signup and view all the answers

    Which term best describes obligations that are due only upon the occurrence of a certain event?

    <p>Contingent obligations</p> Signup and view all the answers

    What is required under S.1(2) of the Requirements of Writing (Scotland) Act 1995 for a contract involving land?

    <p>It must be written and comply with specific conditions</p> Signup and view all the answers

    Which of the following best defines a resolutive obligation?

    <p>Obligation that ends once an unforeseeable event occurs</p> Signup and view all the answers

    In the case of Philp & Co v Knoblauch, what was the main contention regarding the existence of a contract?

    <p>K was merely inviting interest rather than making a firm offer.</p> Signup and view all the answers

    What legal issue was raised in Partridge v Crittenden regarding advertising birds for sale?

    <p>The sale was not permissible under wildlife protection laws.</p> Signup and view all the answers

    What was significant about the advertisement in Carlill v Carbolic Smokeball Co?

    <p>It specified the conditions for claiming the reward.</p> Signup and view all the answers

    In Fisher v Bell, what was the legal implication of displaying a flick knife for sale?

    <p>It was an invitation to treat but led to prosecution.</p> Signup and view all the answers

    What did the court determine about the sale in Pharmaceutical Society of GB v Boots Cash?

    <p>The sale was completed before the customer reached the cashier.</p> Signup and view all the answers

    How did the court view the communication from K in Philp & Co v Knoblauch regarding the offer of linseed?

    <p>As a mere invitation to treat.</p> Signup and view all the answers

    In the case of Carlill v Carbolic Smokeball Co, what defense did the company offer against the claim?

    <p>The advertisement was merely a joke.</p> Signup and view all the answers

    Why was the case of Partridge v Crittenden factored into wildlife protection legislation?

    <p>It showcased the responsibilities of sellers in wildlife markets.</p> Signup and view all the answers

    What was the primary issue in the case of Harvey v Facey?

    <p>Whether a reply constitutes acceptance</p> Signup and view all the answers

    In McArthur v Lawson, what was significant about the employer's offer of partnership?

    <p>It explicitly stated a timeline for the offer</p> Signup and view all the answers

    What can be inferred from the case of Wolf & Wolf v Forfar Potato Co regarding acceptance?

    <p>Acceptance must be made before the offer's deadline</p> Signup and view all the answers

    What does the term 'lapse of an offer' generally signify in a legal context?

    <p>A situation where an offer is no longer valid</p> Signup and view all the answers

    In Chwee Kin Keong v Digilandmall.com Pte Ltd, what was the primary legal issue that arose?

    <p>Whether the mistake regarding price was a valid defense</p> Signup and view all the answers

    In Wylie & Lochead v McElroy & Sons, what was deemed a 'reasonable time' concerning an offer?

    <p>Based on prevailing industry standards</p> Signup and view all the answers

    What principle regarding counter-offers can be inferred from the case of Wolf & Wolf v Forfar Potato Co?

    <p>A counter-offer invalidates the original offer</p> Signup and view all the answers

    What was the outcome when Wylie & Lochead waited five weeks to accept the offer?

    <p>The offer was deemed lapsed by the court</p> Signup and view all the answers

    What type of agreement is considered unenforceable based on its nature?

    <p>Agreements to agree</p> Signup and view all the answers

    Which of the following is NOT a factor to consider when determining if a contract is enforceable?

    <p>Enforceability under public law</p> Signup and view all the answers

    What did Lord Dunedin emphasize regarding the completeness of a contract?

    <p>There must be a concluded bargain that addresses all essential terms</p> Signup and view all the answers

    In the context of a contract, what is essential to ensure reasonable definiteness?

    <p>Agreement on essential terms that do not depend on further negotiation</p> Signup and view all the answers

    Which case illustrates the principle that agreements must be reasonably definite?

    <p>May &amp; Butcher Ltd v The King</p> Signup and view all the answers

    Which case exemplifies a term determined by arbitration in contract law?

    <p>Foley v Classique Coaches</p> Signup and view all the answers

    What happens when there is dissensus on price in a contract?

    <p>The courts can imply a term for reasonable payment.</p> Signup and view all the answers

    Which statement accurately describes the legal intent necessary for a contract?

    <p>Parties must intend to be legally bound for a contract to exist.</p> Signup and view all the answers

    In which scenario can a contract still be valid despite dissent on price?

    <p>There is an agreement that price is not essential.</p> Signup and view all the answers

    What is a key factor in differentiating social agreements from commercial agreements?

    <p>Social agreements typically do not create legal obligations.</p> Signup and view all the answers

    Which type of agreement demonstrated in Balfour v Balfour is considered not legally binding?

    <p>Social agreement</p> Signup and view all the answers

    In which case was a unilateral obligation required to be in writing under the Requirements of Writing (Scotland) Act 1995?

    <p>Robertson v Anderson</p> Signup and view all the answers

    Which description fits 'suspensive obligations' in contract law?

    <p>Obligations that are contingent upon an uncertain event occurring</p> Signup and view all the answers

    What must happen for an unwritten contract for an interest in land to be binding according to S.1(3) of the Requirements of Writing (Scotland) Act 1995?

    <p>One party must have acted in reliance on the contract</p> Signup and view all the answers

    Which statement about contingent obligations is true?

    <p>They may lead to obligations depending on uncertain events</p> Signup and view all the answers

    What is a significant requirement for the creation of a gratuitous unilateral obligation in Scotland?

    <p>It is not enforced in the course of business activities</p> Signup and view all the answers

    Which of the following illustrates the concept of personal bar in contract law?

    <p>A party relying on another's prior actions, preventing withdrawal</p> Signup and view all the answers

    In the case of WS Karoulias SA v Drambuie Liqueur Co Ltd, what was the determination regarding the existence of a contract?

    <p>No contract was formed despite negotiations</p> Signup and view all the answers

    At what age do children attain contractual capacity according to the Age of Legal Capacity (Scotland) Act 1991?

    <p>16</p> Signup and view all the answers

    Which of the following statements is true regarding contracts entered into by persons lacking capacity?

    <p>They may be void ab initio if no capacity was present at the time of agreement.</p> Signup and view all the answers

    What legal principle applies when a contract is affected by force and fear?

    <p>It is void if the threat was sufficient to overcome an ordinary person's will.</p> Signup and view all the answers

    How can individuals contracting with 16-17 year olds ensure protection against prejudicial transactions?

    <p>Through ratification of the transaction.</p> Signup and view all the answers

    Which of the following best describes the concept of unjustified enrichment in relation to contracts?

    <p>A principle allowing recovery of benefits passed under a void agreement.</p> Signup and view all the answers

    What does the term 'facility and circumvention' imply in the context of contract law?

    <p>A situation where one party uses another's weakened state to secure an unfair advantage.</p> Signup and view all the answers

    Which of the following conditions make a person lack capacity to enter a contract?

    <p>Being intoxicated beyond the ability to reason.</p> Signup and view all the answers

    Under which circumstances may a threat of lawful action be deemed insufficient to void a contract?

    <p>When it does not overcome the will of the ordinary person.</p> Signup and view all the answers

    What is the likely outcome if a defective contract is challenged successfully due to lack of capacity?

    <p>The contract is void ab initio.</p> Signup and view all the answers

    Under what condition can a voidable contract be avoided?

    <p>If restitutio in integrum is possible.</p> Signup and view all the answers

    Which factor does NOT affect the validity of third party rights in a transaction involving a voidable contract?

    <p>Confirmation of the contract by a legal entity.</p> Signup and view all the answers

    After a void contract is executed, which statement accurately reflects the status of rights and protections?

    <p>No legal actions can arise on the basis of the contract.</p> Signup and view all the answers

    In the case of a mistake regarding identity, what was the outcome for Morrison in Morrison v Robertson?

    <p>Morrison had to return the cows to the other party.</p> Signup and view all the answers

    Which situation exemplifies a situation resulting from mistaken consent?

    <p>A party signs a contract believing the other party is someone different.</p> Signup and view all the answers

    What determines the contractual status when a voidable contract is affirmed?

    <p>The original contract remains in effect.</p> Signup and view all the answers

    What does the term 'restitutio in integrum' refer to in the context of avoiding a voidable contract?

    <p>The possibility of restoring parties to their original positions.</p> Signup and view all the answers

    Which type of error occurs when both parties make the same mistake regarding a contract?

    <p>Common error</p> Signup and view all the answers

    In which case was a mutual error about the timing of a shipment identified?

    <p>Raffles v Wichelhaus</p> Signup and view all the answers

    What characterizes unilateral error in contract law?

    <p>One party misrepresents an essential fact to the other</p> Signup and view all the answers

    Which of the following statements accurately describes misrepresentation?

    <p>It must induce the other party to enter into a contract under a mistaken belief.</p> Signup and view all the answers

    Which one of these cases dealt specifically with a common error related to pricing?

    <p>Hamilton v Western Bank of Scotland</p> Signup and view all the answers

    In what situation might a contract be deemed void due to mutual error?

    <p>When both parties are mistaken about an essential aspect.</p> Signup and view all the answers

    What does the term 'material misrepresentation' imply in contract law?

    <p>Inaccurate statements that could sway a reasonable person.</p> Signup and view all the answers

    Which type of error highlights that one party was misled by the other but does not necessarily pertain to an essential aspect of the contract?

    <p>Induced unilateral error</p> Signup and view all the answers

    What is required for a misrepresentation to render a contract void?

    <p>It must be made to an innocent party by the other party to the contract.</p> Signup and view all the answers

    Which type of misrepresentation allows for suing for damages?

    <p>Both B and C.</p> Signup and view all the answers

    In the context of misrepresentation, which case establishes that fraud is proved where a false representation is made knowingly?

    <p>Derry v Peek.</p> Signup and view all the answers

    What is the legal principle regarding the transfer of ownership in the case where A has no title?

    <p>B's title is void due to A's lack of title.</p> Signup and view all the answers

    What is meant by 'uninduced unilateral errors' in contract law?

    <p>Errors that do not affect the validity of the contract.</p> Signup and view all the answers

    Which phrase best describes the outcome of 'snatching at a bargain' in the context of contracts?

    <p>It may lead to the contract being challenged.</p> Signup and view all the answers

    How does negligent misrepresentation differ from innocent misrepresentation?

    <p>Negligent misrepresentation results in damages, while innocent does not.</p> Signup and view all the answers

    Which legal case addresses the issue of gratuitous transactions in contract law?

    <p>Hunter v Bradford Property Trust Ltd.</p> Signup and view all the answers

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