30 Questions
What is the essential requirement for a valid offer according to NTHC Ltd v Antwi?
Communication to the offeree
In Taylor v Laird (1856), why did the owners of the ship not have to pay the master for his assistance?
The offer to assist was not communicated to the owners
How can an offer be communicated according to the text?
In writing, orally, or by conduct
In Carlill v Carbolic Smoke Ball Company (1893), what did the defendants offer in their advertisement?
£100 for using their smoke balls and getting influenza
What did the court do in NTHC Ltd v Antwi to determine when the offer was made?
Interrogated various statements
Why were the owners in Taylor v Laird not obligated to pay for the master's assistance?
The master never communicated his offer to assist
What is the significance of price lists, catalogues, and brochures in the context of contract law?
They constitute invitations to treat.
In the case of Grainger & Son v Gough (1896), what was the legal status of price lists, catalogues, and brochures?
They were deemed invitations to treat.
What is the distinction between goods displayed at an auction and bids made by attendees?
Goods displayed are invitations to treat; bids are offers.
According to the case of PAYNE v CAVE (1789), what constituted the offer in an auction sale?
The withdrawal of a bid before acceptance.
In HARRIS v NICKERSON (1873), why did Harris sue the auctioneer?
For the loss of time and expenses incurred at a withdrawn sale.
Why was there no contract formed in the case of Cave withdrawing his bid at an auction?
The withdrawal occurred before the auctioneer's acceptance.
What is one way an offer can be terminated?
By rejection duly communicated
In what situation is revocation of an offer ineffective?
When the offeror promises to keep the offer open
According to Section 8 of the Contract Act, 1960, how has the common law principle regarding revocation been modified?
Revocation is ineffective unless communicated to the offeree.
In the case Dickson v Dodds, who can inform the offeree of the revocation of an offer?
Any reliable third party
What kind of contracts may cause issues regarding revocation?
Unilateral contracts
When is revocation of an offer deemed effective if sent by post?
When it arrives
When is a sale by auction deemed to be complete?
When the auctioneer announces its completion by the fall of the hammer
What is the implication of a sale being expressed as 'without reserve'?
The highest bona fide bidder can buy the goods at the price bid
In a sale with a reserve price, how many bids can the seller or their representative make?
One bid only
What action can any bidder take until the auctioneer announces the completion of the sale?
Retract their bid
What happens if a sale is notified to be subject to a reserve price?
Only one bid is allowed from any bidder
Under what condition can the seller or their representative bid in an auction?
They can bid if a right to bid is expressly reserved
What is the possible solution to the problem of revocation before acceptance is complete?
Offer accompanied by an implied offer not to revoke
Under what circumstances may an offer lapse?
After a fixed period for which it was left open has elapsed
What happens if the condition in an offer is not satisfied?
The offer cannot be accepted
In what situation can an offeree not accept an offer after being notified of the offeror’s death?
If it is a contract for personal services
What is the implication if death occurs to the offeree in a contract scenario?
The offer terminates automatically
How do English cases typically determine issues related to offers?
By considering the intentions of the parties and circumstances of the case
This quiz focuses on the stipulations outlined in Section 4 of the Auction Sale Act, particularly regarding sales by auction. Topics include separate contracts of sale for each lot, the completion of a sale by the auctioneer's announcement, and the conditions under which a bidder may retract their bid.
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