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What is the 'mirror image' rule of contractual formation?
What is the 'mirror image' rule of contractual formation?
- A rule requiring contracts to be signed in front of a mirror
- A rule requiring contracts to reflect the image of the contracting parties
- A rule requiring contracts to be written in a mirrored font
- A rule requiring offers to be matched by clear and unequivocal acceptances (correct)
What is the primary difference between an offer and an invitation to treat?
What is the primary difference between an offer and an invitation to treat?
- An offer involves negotiations, while an invitation to treat does not
- An offer is binding, while an invitation to treat is not
- An offer is a statement of willingness to enter into a contract on stated terms, while an invitation to treat is an expression of willingness to enter negotiations (correct)
- An offer is a formal document, while an invitation to treat is an informal statement
In the case of Gibson v Manchester City Council, what did the council provide to the tenants?
In the case of Gibson v Manchester City Council, what did the council provide to the tenants?
- A contract for purchasing a council house
- An invitation to treat for purchasing a council house
- An offer to purchase a council house
- A brochure explaining the process for purchasing a council house (correct)
What distinguishes between an offer and an invitation to treat?
What distinguishes between an offer and an invitation to treat?
What do most cases discussed in this chapter involve?
What do most cases discussed in this chapter involve?
How do courts use the requirements of offer and acceptance in deciding cases?
How do courts use the requirements of offer and acceptance in deciding cases?
What is the general rule regarding invitation to tender?
What is the general rule regarding invitation to tender?
In which case was the invitation to tender held to be an offer for a unilateral contract?
In which case was the invitation to tender held to be an offer for a unilateral contract?
What duty does the party inviting tenders have according to Pratt Contractors Ltd v Transit NZ UKPC 33?
What duty does the party inviting tenders have according to Pratt Contractors Ltd v Transit NZ UKPC 33?
What can acceptance be made by, as demonstrated in the case of Carlill v Carbolic Smoke Ball Co?
What can acceptance be made by, as demonstrated in the case of Carlill v Carbolic Smoke Ball Co?
In which case did the distinction between an offer and an invitation to treat prove to be complex?
In which case did the distinction between an offer and an invitation to treat prove to be complex?
What case provides flexibility to courts in applying offer and acceptance rules?
What case provides flexibility to courts in applying offer and acceptance rules?
In the context of shopkeeping, what can be the consequence of the unclear distinction between an offer and an invitation to treat?
In the context of shopkeeping, what can be the consequence of the unclear distinction between an offer and an invitation to treat?
According to the Boots rule, what is the legal principle regarding the display of goods in a store?
According to the Boots rule, what is the legal principle regarding the display of goods in a store?
What general rule applies to newspaper advertisements in terms of being an offer or an invitation to treat?
What general rule applies to newspaper advertisements in terms of being an offer or an invitation to treat?
What does the auctioneer's invitation to bid represent in the context of auctions?
What does the auctioneer's invitation to bid represent in the context of auctions?
What did the House of Lords hold regarding the conclusion of a contract in a specific case?
What did the House of Lords hold regarding the conclusion of a contract in a specific case?
What can be challenging in determining when preliminary negotiations end and a definite offer is made?
What can be challenging in determining when preliminary negotiations end and a definite offer is made?
Under the postal rule, when is an offer considered accepted?
Under the postal rule, when is an offer considered accepted?
What is a criticism of the justification that the Post Office acts as an agent of the offeror when accepting a letter?
What is a criticism of the justification that the Post Office acts as an agent of the offeror when accepting a letter?
In which situations does the postal rule not apply?
In which situations does the postal rule not apply?
What is required for an offer to be considered withdrawn under the postal rule?
What is required for an offer to be considered withdrawn under the postal rule?
In unilateral contracts, how can acceptance be made without advance notification?
In unilateral contracts, how can acceptance be made without advance notification?
What are exceptions to the postal rule?
What are exceptions to the postal rule?
In contract law, which of the following statements is true about acceptance?
In contract law, which of the following statements is true about acceptance?
Which scenario is an exception to the general rule that acceptance must be communicated to the offeror?
Which scenario is an exception to the general rule that acceptance must be communicated to the offeror?
Which case supports the idea that if a party wishes to reject a term, they must make it explicit?
Which case supports the idea that if a party wishes to reject a term, they must make it explicit?
Which statement accurately reflects the rule of implied acceptance in contract law?
Which statement accurately reflects the rule of implied acceptance in contract law?
In contract law, what does the case of Felthouse v Bindley establish regarding acceptance?
In contract law, what does the case of Felthouse v Bindley establish regarding acceptance?
What is true about conduct as acceptance in contract law based on the provided text?
What is true about conduct as acceptance in contract law based on the provided text?
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Study Notes
- Conduct can serve as acceptance and create a contract between parties (Reveille Independent LLC v Anotech International)
- For conduct to be acceptance, the offeree's intention to accept must be clear and unequivocal (Day Morris Associates v Voyce)
- Acceptance extends to all terms of the offer once confirmed by the court (Arcadis Consulting (UK) Ltd v AMEC (BCS) Ltd)
- If a party wishes to reject a term, they must make it explicit
- Counter-offers introduce new terms, making the original offer incapable of acceptance (Hyde v Wrench)
- General rule: acceptance must be communicated to the offeror and only validly communicated when brought to their attention (Entores)
- Difficulties in determining when and where a contract is concluded with instantaneous communication
- Ignorance of the offer does not prevent the offeree from being entitled to the money if they performed a socially useful act (Gibbons v Proctor and Tinn v Hoffman & Co)
- Objective approach to agreement in contract law, subjective agreement not decisive
- Offers may be accepted with a motive other than explicitly accepting, but the offer must be present in the offeree's mind (Williams v Carwardine)
- Offeror's specific methods of acceptance must be clear and complied with (Manchester Diocesan Council for Education v Commercial and General Investments Ltd)
- Acceptance by silence is generally not valid, but there are exceptions (Felthouse v Bindley, The Hannah Blumenthal)
- The rule of implied acceptance assumes silence equals acceptance unless explicitly rejected (Felthouse v Bindley)
- The rule of implied acceptance has faced criticism due to potential waiver of communication and the possibility of acceptance by inaction (Miller, 1972)
- Silence as acceptance is not absolute and may be inferred based on the parties' course of dealing or the offeree's assumption that their silence has been effective (Entores)
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