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Agreement: Offer and Acceptance
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Agreement: Offer and Acceptance

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Questions and Answers

What is a necessary condition for an acceptance of an offer to take place?

  • The offeror and the offeree must have a prior agreement
  • The offer must be in writing
  • The offeree must have knowledge of the offer (correct)
  • The offeror and the offeree must have a previous business relationship
  • 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 (correct)
  • The policeman was not allowed to recover the reward
  • The reward was split between the policeman and the informer
  • The case was dismissed due to lack of evidence
  • What is the result of cross offers, where identical offers are sent simultaneously from A to B and from B to A?

  • A contract is formed immediately
  • No contract results until one of the offers is accepted (correct)
  • The offers are invalid due to the simultaneous nature of the offers
  • A contract is formed only after one party revokes their offer
  • What is the essence of an acceptance of an offer?

    <p>An agreement to each of the terms of the offer</p> Signup and view all the answers

    What is the reason for the requirement that an offer must be communicated?

    <p>To ensure the offeree is aware of the offer</p> Signup and view all the answers

    What is the effect of ignorance of the offer on the formation of a contract?

    <p>It prevents the formation of a contract</p> Signup and view all the answers

    What happens when the offeree queries the offer and seeks more information?

    <p>An inquiry is made to vary the offer, with the original offer still standing</p> Signup and view all the answers

    Which judge criticized the all-or-nothing approach of the old mirror image rule?

    <p>Lord Denning MR</p> Signup and view all the answers

    According to the case of Butler Machine Tool, what usually prevails in the battle of the forms?

    <p>The last shot</p> Signup and view all the answers

    In what case was the traditional approach to contract formation reasserted?

    <p>Telstra Interconnections Ltd v Amphenol Ltd</p> Signup and view all the answers

    What is the approach of Lord Denning MR to contract formation?

    <p>Looking at the communications as a whole</p> Signup and view all the answers

    When might the first shot prevail in the battle of the forms?

    <p>When the contractor carefully drafts its initial standard form</p> Signup and view all the answers

    What is required for a communication to be considered acceptance?

    <p>Objective inference that the offeror intends to accept the terms</p> Signup and view all the answers

    What happens when the offeree attempts to add new terms to the original offer?

    <p>It is considered a counter offer and a rejection of the original offer</p> Signup and view all the answers

    In what case was it held that a draft agreement was accepted by subsequent conduct?

    <p>Reveille Independent LLC vs. Anotech International</p> Signup and view all the answers

    What is the basis for establishing contractual acceptance?

    <p>Objective inference from the words or conduct of the offeree</p> Signup and view all the answers

    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?

    <p>Claxton Engineering Services vs. TXM Olaj-ES</p> Signup and view all the answers

    What is the effect of a counter offer on the original offer?

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

    What is the relationship between the customer's order and the contractual offer in Argos's website?

    <p>Argos's website is an invitation to treat, and the customer's order is the offer.</p> Signup and view all the answers

    What is the doctrine that prevents customers from accepting an offer they know is mistaken as to its terms?

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

    What is the term used to describe a request for tenders?

    <p>An invitation to treat</p> Signup and view all the answers

    What happens to the contract between Argos and the customer according to Argos's terms and conditions?

    <p>The contract is formed when Argos dispatches the products to the customer.</p> Signup and view all the answers

    Why do internet sellers now go to considerable lengths to expressly provide that the virtual advertisement does not constitute an offer?

    <p>To avoid contractual liability</p> Signup and view all the answers

    What is the significance of the auctioneer bringing down his hammer in an auction?

    <p>It signifies the acceptance of the highest bid.</p> Signup and view all the answers

    What is an invitation to treat, in the context of contracts?

    <p>A request to submit offers or proposals.</p> Signup and view all the answers

    What is the key characteristic of an offer, in the context of contract formation?

    <p>It is an expression of willingness to contract on certain terms.</p> Signup and view all the answers

    What is the significance of the case of Blackpool and Fylde Aero Club Ltd v Blackpool Borough Council, in the context of tendering processes?

    <p>It held that an invitation to treat may contain an implied undertaking to consider all conforming tenders.</p> Signup and view all the answers

    What is the nature of the contract formed in an auction without a reserve price?

    <p>A collateral contract where the auctioneer agrees to accept the highest bid.</p> Signup and view all the answers

    What is a key distinction between the Storer and Gibson cases?

    <p>The existence of an agreement as to price in Storer's case</p> Signup and view all the answers

    In the Gibson case, why was it held that a contract had not been concluded?

    <p>The Council's document did not contain all the necessary terms</p> Signup and view all the answers

    What can be inferred from the Storer and Gibson cases?

    <p>Not all communications will be offers</p> Signup and view all the answers

    What is the significance of the Council's document in the Gibson case?

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

    What is a key difference between the Storer and Gibson cases?

    <p>The level of detail in the council's documents</p> Signup and view all the answers

    What is unique about the advertisement in Carlill v Carbolic Smoke Ball Company?

    <p>It was an offer of a unilateral contract.</p> Signup and view all the answers

    What is the role of the auctioneer in an auction without a reserve price?

    <p>The auctioneer enters into a collateral contract with the bidders.</p> Signup and view all the answers

    What is the difference between a request for tenders and an offer?

    <p>A request for tenders is an invitation to treat, while an offer is a promise to perform.</p> Signup and view all the answers

    What happens when a store mistakenly advertises a product at a lower price than intended?

    <p>The store is not bound to sell the product at the mistaken price.</p> Signup and view all the answers

    What is the nature of the contract formed in an auction without a reserve price?

    <p>A collateral contract between the auctioneer and the bidders.</p> Signup and view all the answers

    What is required for a contractual acceptance to occur?

    <p>The acceptance can be inferred from the offeree's words or conduct.</p> Signup and view all the answers

    What happens when the offeree attempts to add new terms to the original offer?

    <p>It is considered a counteroffer.</p> Signup and view all the answers

    What is the result of a counteroffer on the original offer?

    <p>The original offer is destroyed and cannot be accepted.</p> Signup and view all the answers

    What happens when the offeree queries the offer and seeks more information?

    <p>It is considered an enquiry and the original offer stands.</p> Signup and view all the answers

    What is the basis for establishing contractual acceptance?

    <p>Objectively, based on the offeree's words or conduct.</p> Signup and view all the answers

    What is the primary distinction between unilateral and bilateral contracts?

    <p>Unilateral contracts involve a promise in exchange for an act, while bilateral contracts involve a promise in exchange for a promise.</p> Signup and view all the answers

    What occurs when a party responds to an offer with their standard terms of contract that favor themselves?

    <p>A counteroffer is made, and the original offer is revoked.</p> Signup and view all the answers

    Under what circumstances may the offeror waive the requirement for communication of acceptance?

    <p>When the offer is made in a unilateral contract.</p> Signup and view all the answers

    What is the name of the leading case on the 'Battle of the Forms'?

    <p>Butler v Excello.</p> Signup and view all the answers

    What is the result of the 'Battle of the Forms' in commercial transactions?

    <p>The last form submitted prevails.</p> Signup and view all the answers

    What is the problem with revoking an offer in a unilateral contract when made to the world?

    <p>The offeror must alert 'the world' in the same way as the original offer</p> Signup and view all the answers

    What happens when the offeree rejects an offer?

    <p>The offer comes to an end</p> Signup and view all the answers

    What is the significance of a counter offer in the context of contract formation?

    <p>It is a rejection of the original offer and a new offer</p> Signup and view all the answers

    What is the principle that may apply to revoking an offer in a unilateral contract in the UK?

    <p>The principle of Shuey v USA</p> Signup and view all the answers

    What is the significance of Hyde v Wrench in the context of contract formation?

    <p>It is a case of counter offer and rejection</p> Signup and view all the answers

    What is the effect of an offeree's attempt to add new terms to the original offer?

    <p>It is a counter offer</p> Signup and view all the answers

    What is the purpose of an invitation to treat?

    <p>To invite others to make an offer</p> Signup and view all the answers

    What is the significance of a tender in the context of contract formation?

    <p>It is a request for others to make an offer</p> Signup and view all the answers

    What is the effect of a rejection of an offer on the offeree's power to accept?

    <p>The offeree's power to accept is terminated</p> Signup and view all the answers

    What is the significance of giving the same prominence to the revocation of an offer as was given to the original offer?

    <p>It is a requirement for a valid revocation of an offer</p> Signup and view all the answers

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