Auction Sale Act: Section 4 Stipulations
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Questions and Answers

What is the essential requirement for a valid offer according to NTHC Ltd v Antwi?

  • Acceptance by the offeree
  • Oral communication
  • Communication to the offeree (correct)
  • Written communication
  • 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 (correct)
  • The owners rejected the master's offer
  • The owners were not aware of the assistance provided
  • The master did not offer assistance in writing
  • How can an offer be communicated according to the text?

  • Through actions only
  • In writing only
  • Verbally only
  • In writing, orally, or by conduct (correct)
  • In Carlill v Carbolic Smoke Ball Company (1893), what did the defendants offer in their advertisement?

    <p>£100 for using their smoke balls and getting influenza</p> Signup and view all the answers

    What did the court do in NTHC Ltd v Antwi to determine when the offer was made?

    <p>Interrogated various statements</p> Signup and view all the answers

    Why were the owners in Taylor v Laird not obligated to pay for the master's assistance?

    <p>The master never communicated his offer to assist</p> Signup and view all the answers

    What is the significance of price lists, catalogues, and brochures in the context of contract law?

    <p>They constitute invitations to treat.</p> Signup and view all the answers

    In the case of Grainger & Son v Gough (1896), what was the legal status of price lists, catalogues, and brochures?

    <p>They were deemed invitations to treat.</p> Signup and view all the answers

    What is the distinction between goods displayed at an auction and bids made by attendees?

    <p>Goods displayed are invitations to treat; bids are offers.</p> Signup and view all the answers

    According to the case of PAYNE v CAVE (1789), what constituted the offer in an auction sale?

    <p>The withdrawal of a bid before acceptance.</p> Signup and view all the answers

    In HARRIS v NICKERSON (1873), why did Harris sue the auctioneer?

    <p>For the loss of time and expenses incurred at a withdrawn sale.</p> Signup and view all the answers

    Why was there no contract formed in the case of Cave withdrawing his bid at an auction?

    <p>The withdrawal occurred before the auctioneer's acceptance.</p> Signup and view all the answers

    What is one way an offer can be terminated?

    <p>By rejection duly communicated</p> Signup and view all the answers

    In what situation is revocation of an offer ineffective?

    <p>When the offeror promises to keep the offer open</p> Signup and view all the answers

    According to Section 8 of the Contract Act, 1960, how has the common law principle regarding revocation been modified?

    <p>Revocation is ineffective unless communicated to the offeree.</p> Signup and view all the answers

    In the case Dickson v Dodds, who can inform the offeree of the revocation of an offer?

    <p>Any reliable third party</p> Signup and view all the answers

    What kind of contracts may cause issues regarding revocation?

    <p>Unilateral contracts</p> Signup and view all the answers

    When is revocation of an offer deemed effective if sent by post?

    <p>When it arrives</p> Signup and view all the answers

    When is a sale by auction deemed to be complete?

    <p>When the auctioneer announces its completion by the fall of the hammer</p> Signup and view all the answers

    What is the implication of a sale being expressed as 'without reserve'?

    <p>The highest bona fide bidder can buy the goods at the price bid</p> Signup and view all the answers

    In a sale with a reserve price, how many bids can the seller or their representative make?

    <p>One bid only</p> Signup and view all the answers

    What action can any bidder take until the auctioneer announces the completion of the sale?

    <p>Retract their bid</p> Signup and view all the answers

    What happens if a sale is notified to be subject to a reserve price?

    <p>Only one bid is allowed from any bidder</p> Signup and view all the answers

    Under what condition can the seller or their representative bid in an auction?

    <p>They can bid if a right to bid is expressly reserved</p> Signup and view all the answers

    What is the possible solution to the problem of revocation before acceptance is complete?

    <p>Offer accompanied by an implied offer not to revoke</p> Signup and view all the answers

    Under what circumstances may an offer lapse?

    <p>After a fixed period for which it was left open has elapsed</p> Signup and view all the answers

    What happens if the condition in an offer is not satisfied?

    <p>The offer cannot be accepted</p> Signup and view all the answers

    In what situation can an offeree not accept an offer after being notified of the offeror’s death?

    <p>If it is a contract for personal services</p> Signup and view all the answers

    What is the implication if death occurs to the offeree in a contract scenario?

    <p>The offer terminates automatically</p> Signup and view all the answers

    How do English cases typically determine issues related to offers?

    <p>By considering the intentions of the parties and circumstances of the case</p> Signup and view all the answers

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