Podcast
Questions and Answers
What is a key requirement for a contract to be legally enforceable?
What is a key requirement for a contract to be legally enforceable?
- Vagueness in the contract terms
- Clear offer and acceptance (correct)
- Mutual trust between the parties
- Verbal agreement without any proof
Which of the following is not an essential element of a contract?
Which of the following is not an essential element of a contract?
- Union of minds - consensus ad idem
- Lawful agreement
- Vague terms (correct)
- Contractual capacity
What does an offeror do in the context of contract formation?
What does an offeror do in the context of contract formation?
- Indicates a willingness to contract (correct)
- Accepts the contract terms proposed by the offeree
- Signs the final contract document
- Imposes mandatory conditions on the offeree
Why is writing sometimes important in contracts?
Why is writing sometimes important in contracts?
What indicates that there is an agreement in a contract?
What indicates that there is an agreement in a contract?
Which element ensures that both parties are on the same page regarding a contract's subject matter?
Which element ensures that both parties are on the same page regarding a contract's subject matter?
What term refers to contractual statements that cannot grant an action for breach of contract?
What term refers to contractual statements that cannot grant an action for breach of contract?
In the case of Petit v Abramson 1946 NPD 673, what did the court emphasize about statements made during contract negotiations?
In the case of Petit v Abramson 1946 NPD 673, what did the court emphasize about statements made during contract negotiations?
According to Small v Smith (1954) 35 ALR 434, when does a statement made during negotiation of a verbal contract become a term of the contract?
According to Small v Smith (1954) 35 ALR 434, when does a statement made during negotiation of a verbal contract become a term of the contract?
How do judges typically view terms in written contracts?
How do judges typically view terms in written contracts?
What principle do judges rely on when it comes to written contracts?
What principle do judges rely on when it comes to written contracts?
How can contractual terms be classified based on the text?
How can contractual terms be classified based on the text?
What was the reason for the court rejecting Bennett's argument for the commission?
What was the reason for the court rejecting Bennett's argument for the commission?
Why was the contract in Scaurnel v Ostern 1941 AC 257 considered void for vagueness?
Why was the contract in Scaurnel v Ostern 1941 AC 257 considered void for vagueness?
In Kantor v Knator 1962(3) SA 202, why did the court rule that the husband was not bound to buy furniture for his wife?
In Kantor v Knator 1962(3) SA 202, why did the court rule that the husband was not bound to buy furniture for his wife?
What type of contracts give unlimited discretion to the persons bound?
What type of contracts give unlimited discretion to the persons bound?
Why was Bennett dismissed from his commission?
Why was Bennett dismissed from his commission?
What led to the court rejecting Bennett's claim for a fifth of the company's turnover?
What led to the court rejecting Bennett's claim for a fifth of the company's turnover?