Agreement: Offer and Acceptance
58 Questions
2 Views

Choose a study mode

Play Quiz
Study Flashcards
Spaced Repetition
Chat to Lesson

Podcast

Play an AI-generated podcast conversation about this lesson

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 (D)</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 (D)</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 (C)</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 (A)</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 (C)</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 (D)</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 (C)</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 (C)</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 (C)</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 (B)</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 (D)</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 (D)</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 (D)</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 (C)</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 (C)</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. (A)</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 (B)</p> Signup and view all the answers

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

<p>An invitation to treat (A)</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. (B)</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 (A)</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. (D)</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. (C)</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. (B)</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. (B)</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. (C)</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 (A)</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 (C)</p> Signup and view all the answers

What can be inferred from the Storer and Gibson cases?

<p>Not all communications will be offers (B)</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 (B)</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 (D)</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. (B)</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. (D)</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. (A)</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. (C)</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. (C)</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. (C)</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. (A)</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. (C)</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. (A)</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. (A)</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. (A)</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. (D)</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. (C)</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. (D)</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. (D)</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 (C)</p> Signup and view all the answers

What happens when the offeree rejects an offer?

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

What is the purpose of an invitation to treat?

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

More Like This

Verbal Agreements in Business
6 questions
Key Elements of a Purchase Contract
14 questions
Contrato de Prestación de Servicios
10 questions
Use Quizgecko on...
Browser
Browser