18 Questions
What is a key requirement for a contract to be legally enforceable?
Clear offer and acceptance
Which of the following is not an essential element of a contract?
Vague terms
What does an offeror do in the context of contract formation?
Indicates a willingness to contract
Why is writing sometimes important in contracts?
For evidential purposes
What indicates that there is an agreement in a contract?
Presence of an offer and an acceptance
Which element ensures that both parties are on the same page regarding a contract's subject matter?
Consensus ad idem - union of minds
What term refers to contractual statements that cannot grant an action for breach of contract?
Puffing
In the case of Petit v Abramson 1946 NPD 673, what did the court emphasize about statements made during contract negotiations?
Statements can be mere puffing
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?
If parties intended it to be a term
How do judges typically view terms in written contracts?
They are easily proven in court
What principle do judges rely on when it comes to written contracts?
Prima facie
How can contractual terms be classified based on the text?
Express and implied terms
What was the reason for the court rejecting Bennett's argument for the commission?
The court found the commission unreasonable
Why was the contract in Scaurnel v Ostern 1941 AC 257 considered void for vagueness?
The court found the time period for payment too long
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?
The husband acquired unlimited discretion in the contract
What type of contracts give unlimited discretion to the persons bound?
Contracts with unlimited discretion
Why was Bennett dismissed from his commission?
His argument was rejected by the court
What led to the court rejecting Bennett's claim for a fifth of the company's turnover?
Unlimited discretion in his agreement
Test your knowledge about the essentials of a contract in Contract Law. Topics include legally binding obligations, contractual capacity, communication of intention, and lawful and possible performance requirements.
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