58 Questions
What is a necessary condition for an acceptance of an offer to take place?
The offeree must have knowledge of the offer
In the case of Gibbons v Proctor, what was the outcome regarding the recovery of a reward?
The policeman was allowed to recover the reward despite sending information in ignorance of the offer
What is the result of cross offers, where identical offers are sent simultaneously from A to B and from B to A?
No contract results until one of the offers is accepted
What is the essence of an acceptance of an offer?
An agreement to each of the terms of the offer
What is the reason for the requirement that an offer must be communicated?
To ensure the offeree is aware of the offer
What is the effect of ignorance of the offer on the formation of a contract?
It prevents the formation of a contract
What happens when the offeree queries the offer and seeks more information?
An inquiry is made to vary the offer, with the original offer still standing
Which judge criticized the all-or-nothing approach of the old mirror image rule?
Lord Denning MR
According to the case of Butler Machine Tool, what usually prevails in the battle of the forms?
The last shot
In what case was the traditional approach to contract formation reasserted?
Telstra Interconnections Ltd v Amphenol Ltd
What is the approach of Lord Denning MR to contract formation?
Looking at the communications as a whole
When might the first shot prevail in the battle of the forms?
When the contractor carefully drafts its initial standard form
What is required for a communication to be considered acceptance?
Objective inference that the offeror intends to accept the terms
What happens when the offeree attempts to add new terms to the original offer?
It is considered a counter offer and a rejection of the original offer
In what case was it held that a draft agreement was accepted by subsequent conduct?
Reveille Independent LLC vs. Anotech International
What is the basis for establishing contractual acceptance?
Objective inference from the words or conduct of the offeree
In what case was it held that the choice of a Hungarian company to continue trading with its English counterpart constituted acceptance of the English company's counter offer?
Claxton Engineering Services vs. TXM Olaj-ES
What is the effect of a counter offer on the original offer?
It destroys the original offer
What is the relationship between the customer's order and the contractual offer in Argos's website?
Argos's website is an invitation to treat, and the customer's order is the offer.
What is the doctrine that prevents customers from accepting an offer they know is mistaken as to its terms?
The doctrine of snapping up
What is the term used to describe a request for tenders?
An invitation to treat
What happens to the contract between Argos and the customer according to Argos's terms and conditions?
The contract is formed when Argos dispatches the products to the customer.
Why do internet sellers now go to considerable lengths to expressly provide that the virtual advertisement does not constitute an offer?
To avoid contractual liability
What is the significance of the auctioneer bringing down his hammer in an auction?
It signifies the acceptance of the highest bid.
What is an invitation to treat, in the context of contracts?
A request to submit offers or proposals.
What is the key characteristic of an offer, in the context of contract formation?
It is an expression of willingness to contract on certain terms.
What is the significance of the case of Blackpool and Fylde Aero Club Ltd v Blackpool Borough Council, in the context of tendering processes?
It held that an invitation to treat may contain an implied undertaking to consider all conforming tenders.
What is the nature of the contract formed in an auction without a reserve price?
A collateral contract where the auctioneer agrees to accept the highest bid.
What is a key distinction between the Storer and Gibson cases?
The existence of an agreement as to price in Storer's case
In the Gibson case, why was it held that a contract had not been concluded?
The Council's document did not contain all the necessary terms
What can be inferred from the Storer and Gibson cases?
Not all communications will be offers
What is the significance of the Council's document in the Gibson case?
It was an invitation to treat
What is a key difference between the Storer and Gibson cases?
The level of detail in the council's documents
What is unique about the advertisement in Carlill v Carbolic Smoke Ball Company?
It was an offer of a unilateral contract.
What is the role of the auctioneer in an auction without a reserve price?
The auctioneer enters into a collateral contract with the bidders.
What is the difference between a request for tenders and an offer?
A request for tenders is an invitation to treat, while an offer is a promise to perform.
What happens when a store mistakenly advertises a product at a lower price than intended?
The store is not bound to sell the product at the mistaken price.
What is the nature of the contract formed in an auction without a reserve price?
A collateral contract between the auctioneer and the bidders.
What is required for a contractual acceptance to occur?
The acceptance can be inferred from the offeree's words or conduct.
What happens when the offeree attempts to add new terms to the original offer?
It is considered a counteroffer.
What is the result of a counteroffer on the original offer?
The original offer is destroyed and cannot be accepted.
What happens when the offeree queries the offer and seeks more information?
It is considered an enquiry and the original offer stands.
What is the basis for establishing contractual acceptance?
Objectively, based on the offeree's words or conduct.
What is the primary distinction between unilateral and bilateral contracts?
Unilateral contracts involve a promise in exchange for an act, while bilateral contracts involve a promise in exchange for a promise.
What occurs when a party responds to an offer with their standard terms of contract that favor themselves?
A counteroffer is made, and the original offer is revoked.
Under what circumstances may the offeror waive the requirement for communication of acceptance?
When the offer is made in a unilateral contract.
What is the name of the leading case on the 'Battle of the Forms'?
Butler v Excello.
What is the result of the 'Battle of the Forms' in commercial transactions?
The last form submitted prevails.
What is the problem with revoking an offer in a unilateral contract when made to the world?
The offeror must alert 'the world' in the same way as the original offer
What happens when the offeree rejects an offer?
The offer comes to an end
What is the significance of a counter offer in the context of contract formation?
It is a rejection of the original offer and a new offer
What is the principle that may apply to revoking an offer in a unilateral contract in the UK?
The principle of Shuey v USA
What is the significance of Hyde v Wrench in the context of contract formation?
It is a case of counter offer and rejection
What is the effect of an offeree's attempt to add new terms to the original offer?
It is a counter offer
What is the purpose of an invitation to treat?
To invite others to make an offer
What is the significance of a tender in the context of contract formation?
It is a request for others to make an offer
What is the effect of a rejection of an offer on the offeree's power to accept?
The offeree's power to accept is terminated
What is the significance of giving the same prominence to the revocation of an offer as was given to the original offer?
It is a requirement for a valid revocation of an offer
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