Podcast
Questions and Answers
What is one of the primary purposes of contract law?
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.
Contract law has no relation to family law, employment law, or banking.
False (B)
What is a contract?
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.
Contract law provides certainty for market actors by deciding what types of behavior are __________ and what aren’t.
Which of the following roles does contract law NOT serve?
Which of the following roles does contract law NOT serve?
Match the types of agreements with their related areas of law:
Match the types of agreements with their related areas of law:
Contract law only applies to business transactions and not personal relationships.
Contract law only applies to business transactions and not personal relationships.
What is a significant outcome of contract law application by courts?
What is a significant outcome of contract law application by courts?
What was the nature of the second request made by the plaintiffs to the defendant?
What was the nature of the second request made by the plaintiffs to the defendant?
The defendant's response on the 21st was merely a quotation of price and not an offer.
The defendant's response on the 21st was merely a quotation of price and not an offer.
What did the defendant do after receiving the plaintiff's cheque and letter?
What did the defendant do after receiving the plaintiff's cheque and letter?
The court looks at the language used to determine if it is an ____ or a mere quotation of price.
The court looks at the language used to determine if it is an ____ or a mere quotation of price.
Which statement reflects the plaintiff's position in this case?
Which statement reflects the plaintiff's position in this case?
Match the following terms with their definitions:
Match the following terms with their definitions:
The court's determination of an offer is based solely on the stated price.
The court's determination of an offer is based solely on the stated price.
What did the court ultimately decide in favor of?
What did the court ultimately decide in favor of?
What is required for a valid contract to arise?
What is required for a valid contract to arise?
A counter-offer automatically accepts the original offer.
A counter-offer automatically accepts the original offer.
What should be assessed to determine if a proposal is intended as a binding offer?
What should be assessed to determine if a proposal is intended as a binding offer?
The plaintiff's counter-offer in Livingstone v Evans was proposing __________ cash.
The plaintiff's counter-offer in Livingstone v Evans was proposing __________ cash.
Match the terms with their definitions:
Match the terms with their definitions:
What was the original price offered by Evans for the land?
What was the original price offered by Evans for the land?
In Livingstone v Evans, Livingstone accepted the original offer after the counter-offer was made.
In Livingstone v Evans, Livingstone accepted the original offer after the counter-offer was made.
What did Livingstone ask Evans regarding the sale of the land?
What did Livingstone ask Evans regarding the sale of the land?
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)?
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)?
In Carlil v Carbolic Smoke Ball, the advertisement was considered an invitation to treat.
In Carlil v Carbolic Smoke Ball, the advertisement was considered an invitation to treat.
In Harty v. Gooderhan, what statement followed the quotation of prices that indicated an offer?
In Harty v. Gooderhan, what statement followed the quotation of prices that indicated an offer?
In the doctrine of Offer and Acceptance, a(n) ______ is an indication of a person's willingness to enter into a contract.
In the doctrine of Offer and Acceptance, a(n) ______ is an indication of a person's willingness to enter into a contract.
Match the following cases with their key conclusions:
Match the following cases with their key conclusions:
What constitutes acceptance in a legal context?
What constitutes acceptance in a legal context?
Silence or failure to reject an offer can be considered a form of acceptance.
Silence or failure to reject an offer can be considered a form of acceptance.
What did the nephew fail to communicate to his uncle regarding the horse?
What did the nephew fail to communicate to his uncle regarding the horse?
The uncle had no right to impose a sale on the nephew without his __________.
The uncle had no right to impose a sale on the nephew without his __________.
Match the following statements with their legal implications:
Match the following statements with their legal implications:
What happens when a counteroffer is made?
What happens when a counteroffer is made?
An inquiry about the terms of an offer has no legal effect.
An inquiry about the terms of an offer has no legal effect.
What is a unilateral offer?
What is a unilateral offer?
In a __________ offer, the offeror requests a promise in return for their promise.
In a __________ offer, the offeror requests a promise in return for their promise.
Which of the following is an example of a unilateral offer?
Which of the following is an example of a unilateral offer?
Match the type of offer with its characteristics:
Match the type of offer with its characteristics:
Bilateral offers can become binding before the act of acceptance is completed.
Bilateral offers can become binding before the act of acceptance is completed.
What can revive an original offer after a counteroffer has been made?
What can revive an original offer after a counteroffer has been made?
Flashcards
Contract Law: Recognition by the Law
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
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?
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 Application: Scope
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Purpose of Contract Law: Facilitating Exchange
Purpose of Contract Law: Facilitating Exchange
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Purpose of Contract Law: Forward Planning
Purpose of Contract Law: Forward Planning
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Purpose of Contract Law: Power Distribution
Purpose of Contract Law: Power Distribution
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Purpose of Contract Law: Certainty
Purpose of Contract Law: Certainty
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Offer
Offer
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Acceptance
Acceptance
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Invitation to Treat
Invitation to Treat
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Unilateral Offer
Unilateral Offer
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Carlil v Carbolic Smoke Ball Co
Carlil v Carbolic Smoke Ball Co
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Offer to Sell
Offer to Sell
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Language of Communication
Language of Communication
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Surrounding Circumstances
Surrounding Circumstances
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Acceptance of Offer
Acceptance of Offer
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Offeror (Seller)
Offeror (Seller)
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Offeree (Buyer)
Offeree (Buyer)
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Contract of Sale
Contract of Sale
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Silence is Not Acceptance
Silence is Not Acceptance
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Revocation of Offer
Revocation of Offer
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Communicating Acceptance
Communicating Acceptance
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Imposing Obligations
Imposing Obligations
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Acceptance by Conduct
Acceptance by Conduct
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Counter-offer
Counter-offer
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Inquiry
Inquiry
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Offer Revival
Offer Revival
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Objective Assessment of Intention
Objective Assessment of Intention
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Revived Offer
Revived Offer
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Acceptance in Unilateral Offers
Acceptance in Unilateral Offers
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Acceptance in Bilateral Offers
Acceptance in Bilateral Offers
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Timing of Binding Offers
Timing of Binding Offers
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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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