Podcast
Questions and Answers
What is a primary function of contract law?
What is a primary function of contract law?
- To regulate family dynamics
- To define acceptable financial behaviors in society
- To decide criminal liability in transactions
- To enable the buying and selling of goods and services (correct)
What does contract law primarily provide for parties entering into agreements?
What does contract law primarily provide for parties entering into agreements?
- Unlimited freedom in contractual obligations
- Protection from all types of liabilities
- An opportunity for negotiation without consequences
- Legal recognition and enforceability of agreements (correct)
Which of the following is NOT a purpose of contract law?
Which of the following is NOT a purpose of contract law?
- To determine acceptable and unacceptable behaviors in transactions
- To create legally enforceable obligations regarding future actions
- To enhance the bargaining power of one party in disputes (correct)
- To provide certainty for market actors
In contract law, which outcome can a court determine?
In contract law, which outcome can a court determine?
What is one implication when a contract is silent on a disputed matter?
What is one implication when a contract is silent on a disputed matter?
How does contract law create certainty for market actors?
How does contract law create certainty for market actors?
What type of agreement does contract law typically involve?
What type of agreement does contract law typically involve?
Which aspect of contract law addresses the remedy for breach of contract?
Which aspect of contract law addresses the remedy for breach of contract?
Which condition must be met for acceptance to be considered valid?
Which condition must be met for acceptance to be considered valid?
What does silence in response to an offer typically signify?
What does silence in response to an offer typically signify?
Why did the uncle not have the right to impose a sale on the nephew?
Why did the uncle not have the right to impose a sale on the nephew?
Under what circumstance can actions imply acceptance of an offer?
Under what circumstance can actions imply acceptance of an offer?
What was the status of the offer made by the uncle on January 2nd?
What was the status of the offer made by the uncle on January 2nd?
What does the term 'meeting of the minds' refer to in contract law?
What does the term 'meeting of the minds' refer to in contract law?
Which of the following best describes the court's role in evaluating contracts?
Which of the following best describes the court's role in evaluating contracts?
What is required for an agreement to be recognized as valid under contract law?
What is required for an agreement to be recognized as valid under contract law?
Which of the following is NOT a test of enforceability that a claimant must satisfy?
Which of the following is NOT a test of enforceability that a claimant must satisfy?
What does 'consideration' in contract law imply?
What does 'consideration' in contract law imply?
What is the implication of privity in contract law?
What is the implication of privity in contract law?
Under what circumstance can a party be excused from a contract?
Under what circumstance can a party be excused from a contract?
What does the principle of 'caveat emptor' mean?
What does the principle of 'caveat emptor' mean?
What effect does a counteroffer have on the original offer?
What effect does a counteroffer have on the original offer?
Which statement best describes an inquiry in the context of offers?
Which statement best describes an inquiry in the context of offers?
In a unilateral offer, when does the offer become binding?
In a unilateral offer, when does the offer become binding?
What differentiates a bilateral offer from a unilateral offer?
What differentiates a bilateral offer from a unilateral offer?
Which of the following is an example of a unilateral offer?
Which of the following is an example of a unilateral offer?
What can allow an original offer to be re-offered after a counteroffer?
What can allow an original offer to be re-offered after a counteroffer?
Why is the distinction between unilateral and bilateral offers significant?
Why is the distinction between unilateral and bilateral offers significant?
Which scenario describes a bilateral offer?
Which scenario describes a bilateral offer?
What is the principal role of the law of contract as conceived in the fundamental analytical framework?
What is the principal role of the law of contract as conceived in the fundamental analytical framework?
Which of the following accurately represents a modern concern regarding contract law?
Which of the following accurately represents a modern concern regarding contract law?
How is advertising controlled within the framework of modern contract law?
How is advertising controlled within the framework of modern contract law?
In the revised conception of contract law, what assumption is removed regarding legal commitments?
In the revised conception of contract law, what assumption is removed regarding legal commitments?
What is the significance of the relationship between the law of contract and social justice?
What is the significance of the relationship between the law of contract and social justice?
What does the market order in society primarily create?
What does the market order in society primarily create?
How does the law of contract contribute to the structure of modern economies?
How does the law of contract contribute to the structure of modern economies?
Which aspect of contract law has narrowed the focus of study in its revised conception?
Which aspect of contract law has narrowed the focus of study in its revised conception?
What was the main reason for the defendants' appeal in the case of Carill v Carbolic Smoke Ball?
What was the main reason for the defendants' appeal in the case of Carill v Carbolic Smoke Ball?
What concept is demonstrated by the idea that the performance of the offer is sufficient notice of acceptance?
What concept is demonstrated by the idea that the performance of the offer is sufficient notice of acceptance?
How must the intention of an advertisement be construed according to ordinary readers?
How must the intention of an advertisement be construed according to ordinary readers?
Which statement best reflects the rationale regarding unilateral offers explained in the case?
Which statement best reflects the rationale regarding unilateral offers explained in the case?
What was Carill's main argument as the plaintiff in the case?
What was Carill's main argument as the plaintiff in the case?
What does the concept of 'puffery' refer to in the context of advertisements?
What does the concept of 'puffery' refer to in the context of advertisements?
In this case, why could it be said that a contract with 'the world' cannot be made?
In this case, why could it be said that a contract with 'the world' cannot be made?
Which of the following best describes the legal significance of advertisements based on this case?
Which of the following best describes the legal significance of advertisements based on this case?
Flashcards
Contract
Contract
A legal agreement between two or more parties that creates obligations enforceable by courts.
Contract Law
Contract Law
The branch of law that governs agreements and their enforcement.
Contract Law - Purpose 1
Contract Law - Purpose 1
One purpose of contract law is to allow parties to exchange goods, services, or employment legally.
Contract Law - Purpose 2
Contract Law - Purpose 2
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Contract Law - Purpose 3
Contract Law - Purpose 3
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Contract Law - Purpose 4
Contract Law - Purpose 4
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Recognition by the Law
Recognition by the Law
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Application of Contract Law
Application of Contract Law
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Contract Formation: Mutual Promise
Contract Formation: Mutual Promise
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Contract Formation: Meeting of Minds
Contract Formation: Meeting of Minds
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Contract Formation: No Fairness Evaluation
Contract Formation: No Fairness Evaluation
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Contract Formation: Objective Test for Agreement
Contract Formation: Objective Test for Agreement
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Contract Formation: Mirror Image Approach
Contract Formation: Mirror Image Approach
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Contract Formation: Sufficient Certainty
Contract Formation: Sufficient Certainty
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Contract: Privity
Contract: Privity
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Contract: Vitiation
Contract: Vitiation
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Traditional View of Contract Law
Traditional View of Contract Law
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Modern View of Contract Law
Modern View of Contract Law
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Contract Law's Role in Social Order
Contract Law's Role in Social Order
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Contract Law's Scope
Contract Law's Scope
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Contract Law's Framework
Contract Law's Framework
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The 'Firm' in Market Transactions
The 'Firm' in Market Transactions
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Contract Law and Social Order
Contract Law and Social Order
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Shifting Focus of Contract Law
Shifting Focus of Contract Law
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Unilateral Contract
Unilateral Contract
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Offer to the World
Offer to the World
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Invitation to Treat
Invitation to Treat
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Puffery
Puffery
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Acceptance
Acceptance
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Acceptance by Performance
Acceptance by Performance
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Objective Interpretation
Objective Interpretation
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Counteroffer
Counteroffer
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Inquiry
Inquiry
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Unilateral Offer
Unilateral Offer
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Bilateral Offer
Bilateral Offer
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Unilateral Offer - Example: Insurance
Unilateral Offer - Example: Insurance
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Unilateral Offer - Example: Bonus
Unilateral Offer - Example: Bonus
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Unilateral Offer - Example: Website Terms
Unilateral Offer - Example: Website Terms
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Bilateral Offer - Definition
Bilateral Offer - Definition
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What is an open offer?
What is an open offer?
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Can silence be acceptance?
Can silence be acceptance?
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Can someone be forced to accept an offer?
Can someone be forced to accept an offer?
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What are the ways to accept an offer?
What are the ways to accept an offer?
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How is a complete bargain formed?
How is a complete bargain formed?
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Study Notes
Table of Contents
-
Week 1: Introduction to Contract Law (pages 4, 18)
- What is contract law and this course? (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)
- Jurisdiction (page 18)
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Week 2: The Creation of a Contract- Offer and Acceptance (pages 19-22)
- Introduction to Offer and Acceptance (page 19)
- Canadian Dyers Assoc. Ltd v Burton (page 21)
- The Doctrine of Offer and Acceptance (page 23)
- Carlil v Carbolic Smoke Ball (page 23) (Unilateral offer)
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Week 2: The Creation of a Contract- Offer and Acceptance (pages 23, 27)
- Counter- offers vs Inquiries vs Acceptance + Revival (page 27)
- Livingstone v Evan (page 27)
- Unilateral vs Bilateral Offers (page 27)
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Week 2: The Creation of a Contract- Offer and Acceptance (pages 29-30)
- Acceptance (page 29/30)
- Timmy v Campbell (page 30)
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Week 3: Acceptance (page 30 and 33)
- 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)
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Week 4: Acceptance of Bilateral Offers (51-53)
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Week 5: Termination of Offer (pages 60-62)
- Revocation of Unilateral Offers (page 60) (Dawson v Helicopter Explorations excerpts)
- Revocation of Bilateral Offers (page 65) (Bryne v Van Tienhoven) – Postal Rule
- Dickinson v Dodds (page 66)
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Week 6: Lapse (page 67-68)
- Barrick v Clark (page 68)
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Week 7: The Doctrine of Certainty of Terms (pages 69-70)
- The Doctrine of Certainty (page 84)
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Week 8: Promises Continued (page 103-104)
- Contractual Variations Through Promises to Pay More/ Pre-existing Contractual Duties (page 103) (Williams v Roffey Bros)
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Week 9: The Doctrine of Privity (pages 121-124)
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Other Cases (pages 125-132)
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Dunlop Pneumatic Tyre Co Ltd v Selfridge & Co Ltd (1915)
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London Drugs Ltd v Kuehne & Nagel International (1992)
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Fraser River Pile & Dredge Ltd v Can-Dive Services Ltd (1999)
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