Contract Law Essentials Quiz
18 Questions
1 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 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?

  • Union of minds - consensus ad idem
  • Lawful agreement
  • Vague terms (correct)
  • Contractual capacity
  • 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?

    <p>For evidential purposes</p> Signup and view all the answers

    What indicates that there is an agreement in a contract?

    <p>Presence of an offer and an acceptance</p> Signup and view all the answers

    Which element ensures that both parties are on the same page regarding a contract's subject matter?

    <p>Consensus ad idem - union of minds</p> Signup and view all the answers

    What term refers to contractual statements that cannot grant an action for breach of contract?

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

    In the case of Petit v Abramson 1946 NPD 673, what did the court emphasize about statements made during contract negotiations?

    <p>Statements can be mere puffing</p> Signup and view all the answers

    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?

    <p>If parties intended it to be a term</p> Signup and view all the answers

    How do judges typically view terms in written contracts?

    <p>They are easily proven in court</p> Signup and view all the answers

    What principle do judges rely on when it comes to written contracts?

    <p>Prima facie</p> Signup and view all the answers

    How can contractual terms be classified based on the text?

    <p>Express and implied terms</p> Signup and view all the answers

    What was the reason for the court rejecting Bennett's argument for the commission?

    <p>The court found the commission unreasonable</p> Signup and view all the answers

    Why was the contract in Scaurnel v Ostern 1941 AC 257 considered void for vagueness?

    <p>The court found the time period for payment too long</p> Signup and view all the answers

    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?

    <p>The husband acquired unlimited discretion in the contract</p> Signup and view all the answers

    What type of contracts give unlimited discretion to the persons bound?

    <p>Contracts with unlimited discretion</p> Signup and view all the answers

    Why was Bennett dismissed from his commission?

    <p>His argument was rejected by the court</p> Signup and view all the answers

    What led to the court rejecting Bennett's claim for a fifth of the company's turnover?

    <p>Unlimited discretion in his agreement</p> Signup and view all the answers

    More Like This

    Business Law Quiz
    3 questions

    Business Law Quiz

    EnergySavingTanzanite avatar
    EnergySavingTanzanite
    Use Quizgecko on...
    Browser
    Browser