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Questions and Answers
Which rule of contractual formation do the courts adopt?
Which rule of contractual formation do the courts adopt?
- Capacity rule
- Consideration rule
- Offer and acceptance rule
- Mirror image rule (correct)
In what context do most of the cases discussed in this chapter arise?
In what context do most of the cases discussed in this chapter arise?
- Contract enforcement
- Allegation of breach of contract (correct)
- Negotiation of contract terms
- Contract termination
What did the court have to ascertain in the case of Butler v Ex-Cell-O Corp?
What did the court have to ascertain in the case of Butler v Ex-Cell-O Corp?
- Existence of a contract and its terms (correct)
- Acceptance of the offer
- Validity of the offer
- Performance of the contract
According to Professor Atiyah, how do the courts use the requirements of offer and acceptance in deciding cases?
According to Professor Atiyah, how do the courts use the requirements of offer and acceptance in deciding cases?
What is the first point noted at the outset of the discussion of offer and acceptance?
What is the first point noted at the outset of the discussion of offer and acceptance?
What rule of contractual formation is crucial in the case of Butler v Ex-Cell-O Corp?
What rule of contractual formation is crucial in the case of Butler v Ex-Cell-O Corp?
What does 'reasoning forwards' refer to in contract law?
What does 'reasoning forwards' refer to in contract law?
What is an offer in contract law?
What is an offer in contract law?
What is crucial to differentiate between in contract law?
What is crucial to differentiate between in contract law?
In what forms can offers be made in contract law?
In what forms can offers be made in contract law?
What does the case of Gibson v Manchester City Council illustrate?
What does the case of Gibson v Manchester City Council illustrate?
What is 'reasoning backwards' in contract law?
What is 'reasoning backwards' in contract law?
In the case of Storer v Manchester City Council, when was the contract concluded?
In the case of Storer v Manchester City Council, when was the contract concluded?
In standard transactions like advertisements and shop-window displays, what are the courts more concerned with?
In standard transactions like advertisements and shop-window displays, what are the courts more concerned with?
In the case of Fisher v Bell, what did the courts adopt as the general rule regarding the display of goods in a shop window?
In the case of Fisher v Bell, what did the courts adopt as the general rule regarding the display of goods in a shop window?
In the Pharmaceutical Society of GB v Boots Cash Chemists case, what were the defendants charged with?
In the Pharmaceutical Society of GB v Boots Cash Chemists case, what were the defendants charged with?
What criticism has been made regarding treating the display of goods as an offer?
What criticism has been made regarding treating the display of goods as an offer?
According to the rules of offer and acceptance, what is the general stance on the display of goods in a shop window?
According to the rules of offer and acceptance, what is the general stance on the display of goods in a shop window?
In the case of Warlow v Harrison, when is the auctioneer's offer of a sale without reserve accepted?
In the case of Warlow v Harrison, when is the auctioneer's offer of a sale without reserve accepted?
What is the general rule regarding tenders in relation to offer and acceptance?
What is the general rule regarding tenders in relation to offer and acceptance?
What did the court demonstrate in the case of Blackpool and Fylde Aero Club Ltd v Blackpool BC?
What did the court demonstrate in the case of Blackpool and Fylde Aero Club Ltd v Blackpool BC?
What did the court hold in Harvela Investments Ltd v Royal Trust Co of Canada regarding the invitation to tender?
What did the court hold in Harvela Investments Ltd v Royal Trust Co of Canada regarding the invitation to tender?
What remains unresolved in the case of Warlow v Harrison?
What remains unresolved in the case of Warlow v Harrison?
What has been argued in cases where an auction is held with a reserve price?
What has been argued in cases where an auction is held with a reserve price?
In the context of auction sales, what is the general rule regarding an auctioneer's invitation for bids?
In the context of auction sales, what is the general rule regarding an auctioneer's invitation for bids?
Which case demonstrated a situation where the application of the Boots rule could result in injustice?
Which case demonstrated a situation where the application of the Boots rule could result in injustice?
What did the case of Carlill v Carbolic Smoke Ball Co demonstrate regarding advertisements?
What did the case of Carlill v Carbolic Smoke Ball Co demonstrate regarding advertisements?
What did the Supreme Court of Minnesota hold regarding advertisements?
What did the Supreme Court of Minnesota hold regarding advertisements?
What did the addition of the words 'without reserve' in an auction sale advertisement indicate?
What did the addition of the words 'without reserve' in an auction sale advertisement indicate?
In the case of Partridge v Crittenden, what did it highlight about newspaper advertisements?
In the case of Partridge v Crittenden, what did it highlight about newspaper advertisements?
According to the 'mirror image' rule of contractual formation, an offer must be matched by a clear and unequivocal _______.
According to the 'mirror image' rule of contractual formation, an offer must be matched by a clear and unequivocal _______.
In most cases discussed in this chapter, why did the parties end up in court?
In most cases discussed in this chapter, why did the parties end up in court?
Professor Atiyah argues that courts can either 'reason forwards' or 'reason backwards'. What does 'reasoning forwards' mean?
Professor Atiyah argues that courts can either 'reason forwards' or 'reason backwards'. What does 'reasoning forwards' mean?
The difficulty in determining whether an offer has been made arises from what?
The difficulty in determining whether an offer has been made arises from what?
According to Treitel, standard transactions like advertisements and shop-window displays require clear rules because:
According to Treitel, standard transactions like advertisements and shop-window displays require clear rules because:
What does the 'mirror image' rule of contractual formation entail?
What does the 'mirror image' rule of contractual formation entail?
What is the primary reason for the difficulty in determining whether an offer has been made?
What is the primary reason for the difficulty in determining whether an offer has been made?
What is one criticism against considering a display of goods as an offer?
What is one criticism against considering a display of goods as an offer?
Which approach to the display of goods in a shop or supermarket avoids the weakness of considering it an offer?
Which approach to the display of goods in a shop or supermarket avoids the weakness of considering it an offer?
In the case of Gibson v Manchester City Council, why did the court hold that no contract had been concluded?
In the case of Gibson v Manchester City Council, why did the court hold that no contract had been concluded?
What criminal sanctions could a shopkeeper face under the Consumer Protection from Unfair Trading Regulations 2008?
What criminal sanctions could a shopkeeper face under the Consumer Protection from Unfair Trading Regulations 2008?
According to Fisher v Bell, what is the general rule regarding the display of goods in a shop window?
According to Fisher v Bell, what is the general rule regarding the display of goods in a shop window?
What advantage does treating the display of goods as an invitation to treat provide?
What advantage does treating the display of goods as an invitation to treat provide?
Why does a rigid application of the rule established in Boots v Bell sometimes lead to injustice?
Why does a rigid application of the rule established in Boots v Bell sometimes lead to injustice?
In Pharmaceutical Society of GB v Boots Cash Chemists, what was the court's ruling?
In Pharmaceutical Society of GB v Boots Cash Chemists, what was the court's ruling?
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Study Notes
Contract Law: Sale of Goods and Advertisements
- The presence of a pharmacist near the shelves was not required for a sale to take place, as long as a pharmacist supervised the transaction at the cash desk.
- The sale was deemed to have occurred at the cash desk, not when the goods were taken from the shelves, as the display of goods was considered an invitation to treat.
- A rigid application of the rule established in Boots (pharmacy case) could potentially lead to injustice in certain cases.
- The case of Lefkowitz v Great Minneapolis Surplus Stores demonstrated a situation where the application of the Boots rule could result in injustice.
- The Supreme Court of Minnesota held that an advertisement can be considered an offer, not just an invitation to treat.
- The case of Partridge v Crittenden established that a newspaper advertisement is generally an invitation to treat, not an offer.
- The classic example of an advertisement being interpreted as an offer is the case of Carlill v Carbolic Smoke Ball Co, where the advertisement was deemed to be an offer to the whole world.
- In auction sales, the general rule is that an auctioneer's invitation for bids is an invitation to treat, and the offer is made by the bidder.
- The addition of the words "without reserve" in an auction sale advertisement indicates that the auction is to take place without a reserve price.
- The American case of Lefkowitz v Great Minneapolis Surplus Stores was used as an example to illustrate potential injustice in the application of legal rules.
- The case of Partridge v Crittenden highlighted that a newspaper advertisement is typically considered an invitation to treat, not an offer.
- The case of Carlill v Carbolic Smoke Ball Co demonstrated an example where an advertisement was interpreted as an offer rather than an invitation to treat.
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