Agreement: Offer and Acceptance

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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?

An agreement to each of the terms of the offer Signup and view all the answers

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

To ensure the offeree is aware of the offer Signup and view all the answers

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

It prevents the formation of a contract Signup and view all the answers

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 Signup and view all the answers

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

Lord Denning MR Signup and view all the answers

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

The last shot Signup and view all the answers

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

Telstra Interconnections Ltd v Amphenol Ltd Signup and view all the answers

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

Looking at the communications as a whole Signup and view all the answers

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

When the contractor carefully drafts its initial standard form Signup and view all the answers

What is required for a communication to be considered acceptance?

Objective inference that the offeror intends to accept the terms Signup and view all the answers

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 Signup and view all the answers

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

Reveille Independent LLC vs. Anotech International Signup and view all the answers

What is the basis for establishing contractual acceptance?

Objective inference from the words or conduct of the offeree 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?

Claxton Engineering Services vs. TXM Olaj-ES Signup and view all the answers

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

It destroys the original offer Signup and view all the answers

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. 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?

The doctrine of snapping up Signup and view all the answers

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

An invitation to treat Signup and view all the answers

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. 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?

To avoid contractual liability Signup and view all the answers

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

It signifies the acceptance of the highest bid. Signup and view all the answers

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

A request to submit offers or proposals. Signup and view all the answers

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. 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?

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

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. Signup and view all the answers

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

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

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 Signup and view all the answers

What can be inferred from the Storer and Gibson cases?

Not all communications will be offers Signup and view all the answers

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

It was an invitation to treat Signup and view all the answers

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

The level of detail in the council's documents Signup and view all the answers

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

It was an offer of a unilateral contract. Signup and view all the answers

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

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

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. Signup and view all the answers

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. Signup and view all the answers

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

A collateral contract between the auctioneer and the bidders. Signup and view all the answers

What is required for a contractual acceptance to occur?

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

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

It is considered a counteroffer. Signup and view all the answers

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

The original offer is destroyed and cannot be accepted. Signup and view all the answers

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

It is considered an enquiry and the original offer stands. Signup and view all the answers

What is the basis for establishing contractual acceptance?

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

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. Signup and view all the answers

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. Signup and view all the answers

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

When the offer is made in a unilateral contract. Signup and view all the answers

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

Butler v Excello. Signup and view all the answers

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

The last form submitted prevails. Signup and view all the answers

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 Signup and view all the answers

What happens when the offeree rejects an offer?

The offer comes to an end Signup and view all the answers

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 Signup and view all the answers

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

The principle of Shuey v USA Signup and view all the answers

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

It is a case of counter offer and rejection Signup and view all the answers

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

It is a counter offer Signup and view all the answers

What is the purpose of an invitation to treat?

To invite others to make an offer Signup and view all the answers

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

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

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 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?

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

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?

In the case of Gibbons v Proctor, what was the outcome regarding the recovery of a reward?

What is the result of cross offers, where identical offers are sent simultaneously from A to B and from B to A?

What is the essence of an acceptance of an offer?

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

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

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

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

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

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

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

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

What is required for a communication to be considered acceptance?

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

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

What is the basis for establishing contractual acceptance?

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?

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

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

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

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

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

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

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

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

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

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

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

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

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

What can be inferred from the Storer and Gibson cases?

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

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

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

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

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

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

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

What is required for a contractual acceptance to occur?

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

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

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

What is the basis for establishing contractual acceptance?

What is the primary distinction between unilateral and bilateral contracts?

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

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

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

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

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

What happens when the offeree rejects an offer?

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

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

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

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

What is the purpose of an invitation to treat?

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

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

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

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