Podcast
Questions and Answers
According to the 'mirror image' rule of contractual formation, what must the courts find?
According to the 'mirror image' rule of contractual formation, what must the courts find?
- An offer with unclear terms
- A clear and unequivocal offer (correct)
- An offer with hidden terms
- A vague and ambiguous offer
In the context of most cases discussed in this chapter, what is the main allegation?
In the context of most cases discussed in this chapter, what is the main allegation?
- Criminal negligence
- Breach of contract (correct)
- Intentional infliction of emotional distress
- Fraudulent misrepresentation
In the case of Butler v Ex-Cell-O Corp (England) Ltd, why was the discussion of the rules of offer and acceptance crucial?
In the case of Butler v Ex-Cell-O Corp (England) Ltd, why was the discussion of the rules of offer and acceptance crucial?
- To establish the defendant's financial position
- To determine the admissibility of evidence
- To prove the innocence of the accused party
- To find the existence of a contract and ascertain its terms (correct)
According to Professor Atiyah, how can the courts use the requirements of offer and acceptance in deciding cases?
According to Professor Atiyah, how can the courts use the requirements of offer and acceptance in deciding cases?
What is the primary rule of contractual formation mentioned in Chapter 2?
What is the primary rule of contractual formation mentioned in Chapter 2?
What does the 'mirror image' rule require an acceptance to be?
What does the 'mirror image' rule require an acceptance to be?
According to the case of Warlow v Harrison, who makes the offer to sell without reserve at an auction?
According to the case of Warlow v Harrison, who makes the offer to sell without reserve at an auction?
In the context of auctions with a reserve price, what is the consequence if the auctioneer withdraws the lot after the reserve price is reached?
In the context of auctions with a reserve price, what is the consequence if the auctioneer withdraws the lot after the reserve price is reached?
What did the case of Harvela Investments Ltd v Royal Trust Co of Canada determine about an invitation to submit sealed offers for shares?
What did the case of Harvela Investments Ltd v Royal Trust Co of Canada determine about an invitation to submit sealed offers for shares?
In the case of Blackpool and Fylde Aero Club Ltd v Blackpool BC, what did the defendant council fail to do according to the court's judgment?
In the case of Blackpool and Fylde Aero Club Ltd v Blackpool BC, what did the defendant council fail to do according to the court's judgment?
What did Martin B state in the Warlow v Harrison case about an auctioneer's unsolicited offer to sell without reserve?
What did Martin B state in the Warlow v Harrison case about an auctioneer's unsolicited offer to sell without reserve?
In general, what is an invitation to tender considered as?
In general, what is an invitation to tender considered as?
In the case of Lefkowitz v Great Minneapolis Surplus Stores, what was the outcome of the claimant's lawsuit related to the lapin stole advertisement?
In the case of Lefkowitz v Great Minneapolis Surplus Stores, what was the outcome of the claimant's lawsuit related to the lapin stole advertisement?
According to the Supreme Court of Minnesota, what was the legal status of the advertisements placed by the defendants in the case of Lefkowitz v Great Minneapolis Surplus Stores?
According to the Supreme Court of Minnesota, what was the legal status of the advertisements placed by the defendants in the case of Lefkowitz v Great Minneapolis Surplus Stores?
Which of the following is true about the general rule regarding newspaper advertisements?
Which of the following is true about the general rule regarding newspaper advertisements?
What is the role of an auctioneer in the context of contract law?
What is the role of an auctioneer in the context of contract law?
What was the outcome of the claimant's lawsuit related to the first advertisement for fur coats in Lefkowitz v Great Minneapolis Surplus Stores?
What was the outcome of the claimant's lawsuit related to the first advertisement for fur coats in Lefkowitz v Great Minneapolis Surplus Stores?
How was the sale of goods considered in relation to pharmacist supervised sales at the cash desk?
How was the sale of goods considered in relation to pharmacist supervised sales at the cash desk?
In contract law, what is the general rule regarding the display of goods in a shop window?
In contract law, what is the general rule regarding the display of goods in a shop window?
Which case illustrates the rule that the display of goods in a shop window is an invitation to treat?
Which case illustrates the rule that the display of goods in a shop window is an invitation to treat?
What problem does the second approach, considering the display of goods as an offer accepted at the cash desk, pose according to the text?
What problem does the second approach, considering the display of goods as an offer accepted at the cash desk, pose according to the text?
What does the first approach, considering the display of goods as an offer accepted when picked up by the purchaser, imply?
What does the first approach, considering the display of goods as an offer accepted when picked up by the purchaser, imply?
What is the potential risk for a customer if the display of goods were considered an offer instead of an invitation to treat?
What is the potential risk for a customer if the display of goods were considered an offer instead of an invitation to treat?
In contract law, which approach involves deciding the outcome first and then fitting negotiations into the offer and acceptance framework?
In contract law, which approach involves deciding the outcome first and then fitting negotiations into the offer and acceptance framework?
Which of the following best describes an offer in contract law?
Which of the following best describes an offer in contract law?
What does an invitation to treat represent in contract law?
What does an invitation to treat represent in contract law?
In the Gibson v Manchester City Council case, what did the House of Lords conclude regarding the council's letter?
In the Gibson v Manchester City Council case, what did the House of Lords conclude regarding the council's letter?
What did the trial judge and Court of Appeal hold in the Gibson v Manchester City Council case?
What did the trial judge and Court of Appeal hold in the Gibson v Manchester City Council case?
Why does the Gibson case highlight the importance of identifying offer and acceptance in contract law?
Why does the Gibson case highlight the importance of identifying offer and acceptance in contract law?
Study Notes
- Professor Atiyah discusses two ways for courts to reason in contract law: "reasoning forwards" and "reasoning backwards"
- Traditional approach is "reasoning forwards" where courts find offer and acceptance before deciding the outcome
- "Reasoning backwards" involves deciding the outcome first and then fitting negotiations into offer and acceptance framework
- Offer is a statement expressing willingness to enter into a contract on stated terms, which is capable of acceptance
- Invitation to treat is an expression of willingness to enter into negotiations, not a capable-of-acceptance offer
- Gibson v Manchester City Council case illustrates the difficulty in distinguishing between offer and invitation to treat
- Mr. Gibson completed council house purchase application, but left the purchase price blank
- Council replied stating they "may be prepared to sell" and invited Mr. Gibson to make a formal application
- Mr. Gibson accepted the council's price and carried out maintenance, but sale was discontinued after local election
- Council argued no contract had been concluded, stating their letter was not an offer but an invitation to treat
- Trial judge and Court of Appeal held a contract had been concluded, but House of Lords disagreed
- The House of Lords held council's letter was an invitation to treat, and no contract had been concluded.
- Gibson case highlights the importance of identifying offer and acceptance, and the interpretative exercise judges go through in making that determination.
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Test your understanding of offer and acceptance in contract law with this quiz. Explore cases like Storer v Manchester City Council and Gibson to grasp the nuances of contract formation.
