Contract Law Basics Quiz

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Questions and Answers

What is one of the primary purposes of contract law?

  • To eliminate the need for negotiations between parties
  • To prevent trade of any goods and services
  • To create legally enforceable obligations regarding future actions (correct)
  • To allow for random agreements without enforcement

Contract law has no relation to family law, employment law, or banking.

False (B)

What is a contract?

A legally recognized agreement between two or more persons, giving rise to obligations that may be enforced in the courts.

Contract law provides certainty for market actors by deciding what types of behavior are __________ and what aren’t.

<p>acceptable</p> Signup and view all the answers

Which of the following roles does contract law NOT serve?

<p>Guaranteeing success in negotiations (A)</p> Signup and view all the answers

Match the types of agreements with their related areas of law:

<p>Family law = Marriage agreements Employment law = Contracts of employment Shareholder agreements = Corporate governance Banking = Loans and mortgages</p> Signup and view all the answers

Contract law only applies to business transactions and not personal relationships.

<p>False (B)</p> Signup and view all the answers

What is a significant outcome of contract law application by courts?

<p>Determining whether a party can escape from the contract or what happens in case of a breach.</p> Signup and view all the answers

What was the nature of the second request made by the plaintiffs to the defendant?

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

The defendant's response on the 21st was merely a quotation of price and not an offer.

<p>False (B)</p> Signup and view all the answers

What did the defendant do after receiving the plaintiff's cheque and letter?

<p>Submitted a deed and suggested an immediate search of his title.</p> Signup and view all the answers

The court looks at the language used to determine if it is an ____ or a mere quotation of price.

<p>offer</p> Signup and view all the answers

Which statement reflects the plaintiff's position in this case?

<p>The plaintiff accepted the defendant's offer. (B)</p> Signup and view all the answers

Match the following terms with their definitions:

<p>Invitation to Treat = A proposal to negotiate Offer = A willingness to enter into a contract Acceptance = Agreement to the terms of the offer Contract = A legally binding agreement</p> Signup and view all the answers

The court's determination of an offer is based solely on the stated price.

<p>False (B)</p> Signup and view all the answers

What did the court ultimately decide in favor of?

<p>The plaintiff.</p> Signup and view all the answers

What is required for a valid contract to arise?

<p>An offer and acceptance (A)</p> Signup and view all the answers

A counter-offer automatically accepts the original offer.

<p>False (B)</p> Signup and view all the answers

What should be assessed to determine if a proposal is intended as a binding offer?

<p>The intention of the offeror and the understanding of a reasonable person.</p> Signup and view all the answers

The plaintiff's counter-offer in Livingstone v Evans was proposing __________ cash.

<p>1600</p> Signup and view all the answers

Match the terms with their definitions:

<p>Offer = Expression of willingness to be bound Acceptance = Agreement to the terms of an offer Counter-offer = A response that changes the terms of the original offer Revival = Reinstatement of a previous offer after rejection</p> Signup and view all the answers

What was the original price offered by Evans for the land?

<p>$1800 (D)</p> Signup and view all the answers

In Livingstone v Evans, Livingstone accepted the original offer after the counter-offer was made.

<p>True (A)</p> Signup and view all the answers

What did Livingstone ask Evans regarding the sale of the land?

<p>To send the lowest cash price.</p> Signup and view all the answers

What was the key difference between the circular letter sent by the vendors in Rogers (1899) and the quotation of prices in Harty v. Gooderhan (1871)?

<p>The circular letter was an invitation, while the quotation was an offer. (D)</p> Signup and view all the answers

In Carlil v Carbolic Smoke Ball, the advertisement was considered an invitation to treat.

<p>False (B)</p> Signup and view all the answers

In Harty v. Gooderhan, what statement followed the quotation of prices that indicated an offer?

<p>shall be happy to have an order from you, to which we will give prompt attention</p> Signup and view all the answers

In the doctrine of Offer and Acceptance, a(n) ______ is an indication of a person's willingness to enter into a contract.

<p>offer</p> Signup and view all the answers

Match the following cases with their key conclusions:

<p>Rogers (1899) = Invitation to make an offer Harty v. Gooderhan (1871) = Offer became a contract upon acceptance Carlil v Carbolic Smoke Ball = Advertisement served as a unilateral offer Contract Creation = Requires offer and acceptance process</p> Signup and view all the answers

What constitutes acceptance in a legal context?

<p>Action/conduct when there is a pattern of behavior (D)</p> Signup and view all the answers

Silence or failure to reject an offer can be considered a form of acceptance.

<p>False (B)</p> Signup and view all the answers

What did the nephew fail to communicate to his uncle regarding the horse?

<p>His intention to accept the offer.</p> Signup and view all the answers

The uncle had no right to impose a sale on the nephew without his __________.

<p>consent</p> Signup and view all the answers

Match the following statements with their legal implications:

<p>Silence = Does not equate to acceptance Open offer = Requires acceptance to become binding Nephew's failure to reply = Indicates no acceptance was communicated Uncle's right to impose a sale = Nonexistent without communication of acceptance</p> Signup and view all the answers

What happens when a counteroffer is made?

<p>The original offer is rejected. (D)</p> Signup and view all the answers

An inquiry about the terms of an offer has no legal effect.

<p>True (A)</p> Signup and view all the answers

What is a unilateral offer?

<p>An offer where one party promises something in exchange for the offeree's performance of a specific act.</p> Signup and view all the answers

In a __________ offer, the offeror requests a promise in return for their promise.

<p>bilateral</p> Signup and view all the answers

Which of the following is an example of a unilateral offer?

<p>A promise to pay a bonus if certain milestones are achieved. (C)</p> Signup and view all the answers

Match the type of offer with its characteristics:

<p>Unilateral Offer = Binding after performance of the act Bilateral Offer = Binding upon promise exchange Inquiry = Seeks clarification without legal effect Counteroffer = Rejects original offer and proposes new terms</p> Signup and view all the answers

Bilateral offers can become binding before the act of acceptance is completed.

<p>True (A)</p> Signup and view all the answers

What can revive an original offer after a counteroffer has been made?

<p>If the original offeror re-offers the initial terms or indicates willingness to be bound by them again.</p> Signup and view all the answers

Flashcards

Contract Law: Recognition by the Law

The legal framework for enforcing agreements between parties, ensuring reliability in voluntary exchanges and bridging trust gaps.

Contract Law: Court Application

Court-determined processes for interpreting and enforcing contracts, covering aspects like agreement validity, escape clauses, breach remedies, and unclear contract terms.

What is a Contract?

A legally recognized agreement between two or more people that creates obligations enforceable in courts.

Contract Law Application: Scope

Contract law applies legal principles to a wide range of personal and economic relationships, encompassing various fields.

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Purpose of Contract Law: Facilitating Exchange

The primary function of contract law is to facilitate the exchange of goods, services, employment, etc., by legally recognizing agreements.

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Purpose of Contract Law: Forward Planning

Contract law enables parties to create legally binding obligations regarding future actions before those actions take place.

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Purpose of Contract Law: Power Distribution

Contract law influences the power dynamics within markets by defining acceptable behavior, enforceable transactions, and available remedies.

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Purpose of Contract Law: Certainty

Contract law aims to create certainty in the market by clearly defining enforceable commitments and predictable outcomes.

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Offer

A statement or action that expresses willingness to enter into a contract on specified terms, inviting acceptance by the other party.

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Acceptance

An unqualified and unconditional agreement to the terms of an offer, forming a binding contract.

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Invitation to Treat

A general invitation to negotiate, not a binding offer. It invites interested parties to make an offer.

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Unilateral Offer

An offer made to the public at large, where acceptance is demonstrated by performance of the specified act.

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Carlil v Carbolic Smoke Ball Co

A famous case where an advertisement offering a reward for using a product was held to be a unilateral offer, accepted by performing the act specified.

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Offer to Sell

A statement of willingness to sell a good at a specific price, indicating the seller's readiness to enter into a contract if the buyer accepts.

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Language of Communication

The language used in the communication, considering the context and surrounding circumstances, to determine if it expresses a willingness to sell or simply provides a price.

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Surrounding Circumstances

The specific situation or background in which the communication took place, helping to interpret the meaning of the words used.

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Acceptance of Offer

When the buyer agrees to the seller's offer, creating a legally binding contract.

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Offeror (Seller)

In a contract, the person who makes the offer to sell goods or services.

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Offeree (Buyer)

In a contract, the person who accepts the offer to buy the goods or services.

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Contract of Sale

A legal agreement created when an offer is accepted, binding both parties to the terms of the agreement.

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Silence is Not Acceptance

Silence or inaction does not constitute acceptance of an offer.

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Revocation of Offer

An offer can be revoked at any time before acceptance.

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Communicating Acceptance

Acceptance of an offer must be communicated to the offeror explicitly.

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Imposing Obligations

One party cannot force another party to accept a contract.

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Acceptance by Conduct

Actions can sometimes indicate acceptance, especially if there is a pattern of behavior.

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Counter-offer

A response to an offer that changes the original terms, effectively rejecting the original offer and creating a new offer.

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Inquiry

A question or request for information about an offer, without rejecting the original offer.

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Offer Revival

When an offer that has been rejected is revived by the original offeror.

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Objective Assessment of Intention

A legal concept where the court interprets an agreement based on what a reasonable person would understand, not just the subjective intentions of the parties.

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Revived Offer

When the original offeror re-offers the original terms, giving the offeree another chance to accept.

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Acceptance in Unilateral Offers

In a unilateral offer, the acceptance happens through action, and the offer becomes binding after the action is performed.

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Acceptance in Bilateral Offers

In a bilateral offer, the acceptance happens through a promise, and the offer becomes binding immediately when the promise is made.

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Timing of Binding Offers

Unilateral offers often become binding later than bilateral offers because the act of acceptance can take time to complete.

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Study Notes

Table of Contents

  • Week 1: Introduction to Contract Law (page 4)
  • What is contract law and what is this course (page 4)
  • Chen- Wishart Chapter 1 (page 4)
  • What is the purpose of contract law? (page 5)
  • Contract Law's Norms and Assumptions (page 6)
  • The Classical Law of Contract (page 13)
  • History of Contract Law (page 16)
  • Intro to Contract Law (page 18)
  • Intro to Offer and Acceptance (page 19)
  • Week 2: The Creation of a Contract- Offer and Acceptance (page 23)
  • The Doctrine of Offer and Acceptance (page 23)
  • Carlil v Carbolic Smoke Ball (unilateral) (page 23)
  • Counter-offers vs Inquiries vs Acceptance + Revival (page 27)
  • Livingstone v Evan (page 27)
  • Unilateral vs Bilateral Offers (page 29)
  • Acceptance (page 30)
  • Timmy v Campbell (page 30)
  • Week 3: Acceptance (page 30)
  • Battle of the Forms (page 33)
  • Butler Machine Tool Co v Ex Cell-O Corp (page 34)
  • Acceptance of Unilateral Contract (page 37).
  • Williams v Carwardine (page 38)
  • R v Clarke (page 39)
  • Week 7: The Doctrine of Certainty of Terms (page 69)
  • Week 9: The Doctrine of Consideration (page 84)
  • Week 9: The Doctrine of Privity (page 121)
  • Century 21 Canada Ltd. Partnership v Rogers Communications 2011 (page 40)
  • Other cases (pages 125-132)

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