Contract Law: Scenarios and Principles
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Questions and Answers

Which of the following scenarios would NOT meet the requirements for a legally binding contract under the Contract Act, 1872?

  • A person promises to donate \$500 to a charity but later refuses to fulfill the pledge. (correct)
  • An adult promises to pay a minor \$100 if the minor refrains from smoking for a week.
  • Two parties agree to exchange a car for a motorcycle, with both parties fully understanding the terms.
  • A company enters into an agreement with a supplier to purchase raw materials at a price to be determined later based on market rates.

A contract is formed when there is an agreement coupled with:

  • A handshake between the parties.
  • Enforceability by law. (correct)
  • A witness present during the agreement.
  • A written document.

Which of the following best describes 'consideration' in the context of contract law?

  • The form in which the agreement is written or expressed.
  • Something of value exchanged by each party in a contract. (correct)
  • The time period within which the contract is valid.
  • The emotional motivation behind entering into a contract.

Which situation would render a contract void due to a lack of 'free consent'?

<p>One party entered the agreement under duress. (D)</p> Signup and view all the answers

Which of the following scenarios involves an agreement that would be considered void due to 'illegality of the object'?

<p>An agreement to commit a crime. (C)</p> Signup and view all the answers

An agreement is made to sell '100 tons of oil'. This agreement is likely void due to:

<p>Uncertainty. (D)</p> Signup and view all the answers

Which of the following is an example of a contract that might require specific writing and registration to be valid?

<p>A contract for the sale of immovable property. (C)</p> Signup and view all the answers

Which of the following scenarios is most likely to involve 'undue influence' in contract law?

<p>A doctor convincing an elderly patient to gift them their assets. (B)</p> Signup and view all the answers

In Hyde v Wrench (1840), what legal principle was established regarding counter offers?

<p>A counter offer terminates the original offer, making it no longer available for acceptance. (D)</p> Signup and view all the answers

According to Dickinson v Dodds (1876), under what condition can an offeror revoke an offer?

<p>At any time before acceptance, even if a promise to keep the offer open was made. (C)</p> Signup and view all the answers

In the context of contract law, which scenario does Bradbury v Morgan (1862) primarily address?

<p>The effect of the offeror's death on the validity of an offer. (D)</p> Signup and view all the answers

What is required for an acceptance to be considered valid?

<p>Absolute and unqualified acceptance of all the offer's terms. (C)</p> Signup and view all the answers

Neale v Merrett illustrates what key principle about acceptance in contract law?

<p>An agreement to pay in installments when the offer specifies a single lump sum is not a valid acceptance. (D)</p> Signup and view all the answers

How does Brogden v Metropolitan Railway (1877) demonstrate acceptance in contract law?

<p>By performing the contract's terms without objection, implying acceptance through conduct. (B)</p> Signup and view all the answers

An offer was made to sell a rare coin for $1,000, but the offeree responded, "I accept, but I will only pay $950." If the offeree then attempts to accept the original offer of $1,000, is the offeror obligated to sell at that price?

<p>No, because the offeree's counter offer terminated the original offer. (B)</p> Signup and view all the answers

An art collector offers $50,000 for a painting. Before the artist can formally accept, the collector dies. The artist, unaware of the collector's death, sends a letter of acceptance. Is there a binding contract?

<p>No, because the collector's death generally terminates the offer before acceptance can occur. (A)</p> Signup and view all the answers

In the case of Felthouse v Bindley, what principle regarding acceptance was established?

<p>Acceptance must be communicated; silence does not constitute acceptance. (B)</p> Signup and view all the answers

What is the implication of the Ramsgate Victoria Hotel v Montefiore (1866) ruling on acceptance?

<p>Acceptance must be given within a reasonable time and before the offer lapses or is revoked. (D)</p> Signup and view all the answers

According to the ruling in Hyde v Wrench, what condition must be met for a rejected offer to be accepted?

<p>The rejected offer can only be accepted if the offeror makes a fresh offer. (D)</p> Signup and view all the answers

In the context of contract law, when is the communication of acceptance considered complete, according to the general rule?

<p>When it comes to the knowledge of the offeror. (A)</p> Signup and view all the answers

In Entores v Miles Far Eastern Corporation, where did the court determine the acceptance took place when using telex communication?

<p>Where the acceptance was received. (D)</p> Signup and view all the answers

Under what condition can an offeror be said to have dispensed with the need for communication of acceptance?

<p>If the offer explicitly or implicitly indicates that communication of acceptance is not required. (C)</p> Signup and view all the answers

What was the key point of contention in Yates Building Co v R J Pulleyn & Sons (York) regarding the method of acceptance?

<p>Whether acceptance by ordinary letter was valid when the offer requested acceptance via registered mail. (B)</p> Signup and view all the answers

According to Section 5 of the Contract Act 1872, up to what point can an acceptance be revoked?

<p>Any time before the acceptance comes to the knowledge of the offeror. (A)</p> Signup and view all the answers

In contract law, what distinguishes an offer made 'to the world at large' from an offer made to a specific individual?

<p>Any member of the public can accept an offer to the world at large by fulfilling its terms, whereas an offer to a specific individual can only be accepted by that person. (A)</p> Signup and view all the answers

Which scenario most clearly demonstrates a lack of intention to create legal relations, thus preventing the formation of a contract?

<p>Two companies sign a detailed agreement outlining the terms of a partnership, with a clause stating it is not legally binding. (B)</p> Signup and view all the answers

Which of the following scenarios best illustrates an offer with terms that would be considered too vague to form a binding contract?

<p>A promise to pay an employee 'a fair bonus' at the end of the year if the company performs well. (D)</p> Signup and view all the answers

In which of the following scenarios would an offer NOT be considered effectively communicated to the offeree?

<p>The offeree overhears a conversation between the offeror and a third party, in which the offer is discussed. (A)</p> Signup and view all the answers

In contract law, what is the primary legal consequence of a counteroffer made during negotiations?

<p>The original offer is automatically revoked and cannot be accepted unless renewed by the original offeror. (D)</p> Signup and view all the answers

How does an 'invitation to treat' differ from a legal offer in the context of contract law?

<p>An invitation to treat is an expression of willingness to negotiate or receive offers, whereas an offer demonstrates an intention to be bound by acceptance. (B)</p> Signup and view all the answers

What legal principle did Harvey v Facey establish regarding the nature of a response to a request for information in contract negotiations?

<p>Providing information in response to a query does not constitute an offer unless it explicitly expresses an intention to be bound. (C)</p> Signup and view all the answers

In the context of contract law, under what circumstances does an offer typically lapse due to the passage of time?

<p>An offer lapses if it is not accepted within a reasonable time, or within a specified time if one is given, considering the nature of the subject matter and the circumstances. (D)</p> Signup and view all the answers

Which scenario exemplifies a bilateral contract?

<p>A company agrees to provide services to a client in exchange for a set payment according to an outlined schedule. (A)</p> Signup and view all the answers

In which of the following scenarios would an implied contract most likely be recognized?

<p>Ordering food at a restaurant where prices are listed on the menu. (D)</p> Signup and view all the answers

Which of the following best describes a quasi-contract?

<p>An obligation imposed by law to prevent unjust enrichment. (D)</p> Signup and view all the answers

What is the critical difference between a void agreement and a voidable contract?

<p>A void agreement is never enforceable, whereas a voidable contract can be enforced by one party. (D)</p> Signup and view all the answers

According to the Contract Act 1872, which of the following is the most accurate sequence of elements required for the formation of a valid contract?

<p>Proposal, acceptance, agreement, enforceability. (A)</p> Signup and view all the answers

Which circumstance would render an agreement unenforceable rather than void or voidable?

<p>The agreement lacks a required legal formality, such as proper registration. (D)</p> Signup and view all the answers

Under the Contract Act 1872, which section defines a 'proposal'?

<p>Section 2(a) (D)</p> Signup and view all the answers

Which of the following agreements would be considered illegal?

<p>An agreement to import goods that are banned by law. (B)</p> Signup and view all the answers

Which element, as defined in the Contract Act 1872, involves the promisee doing or abstaining from doing something at the promisor's desire?

<p>Consideration (A)</p> Signup and view all the answers

A contract is formed where Sarah promises to pay John $500 if he fixes her car. John fixes the car as requested. What type of contract is this?

<p>Unilateral Contract (A)</p> Signup and view all the answers

According to Section 2(e) of the Contract Act 1872, what constitutes an 'agreement'?

<p>Every promise and every set of promises forming the consideration for each other. (B)</p> Signup and view all the answers

Mike enters into a contract after Charles threatens to hurt Mike's family if he doesn't sign. Based on this, the contract is...

<p>Voidable (D)</p> Signup and view all the answers

What is the primary criterion for an agreement to be considered 'enforceable by law' and thus qualify as a contract under the Contract Act 1872?

<p>It is made with free consent, lawful consideration, a lawful object, and is not expressly declared void. (C)</p> Signup and view all the answers

If Person A offers to sell their car to Person B for $5,000, and Person B agrees to buy the car at that price, which of the following elements of a contract, as defined by the Contract Act 1872, is initially created?

<p>Proposal and Acceptance (D)</p> Signup and view all the answers

Under the Contract Act of 1872, which scenario exemplifies valid 'consideration'?

<p>A mutual exchange of promises, where each promise supports the other. (D)</p> Signup and view all the answers

A contract is formed when a proposal is accepted. Following acceptance, what key element is required to transform this agreement into an enforceable contract under the Contract Act 1872?

<p>The parties involved have the legal capacity to enter into a contract, the consideration is lawful and the object of the agreement is lawful. (C)</p> Signup and view all the answers

Flashcards

Contract (CA 1872)

An agreement enforceable by law.

Proposal

Willingness to do or abstain from an act to obtain assent.

Acceptance

Signifying assent to a proposal, turning it into a promise.

Promise

An accepted proposal indicating commitment between parties.

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Consideration

An act or abstinence given in exchange for a promise.

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Agreement

A set of promises forming mutual consideration.

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Enforceability

Agreements that are valid and can legally bind parties.

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Formation of a contract

Requires proposal, acceptance, agreement, and enforceability.

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Offer and Acceptance

A lawful offer made by one party is accepted by another, forming a contract.

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Intention to Create Legal Relationship

Parties must intend for their agreement to be legally binding for it to be enforced.

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Lawful Consideration

Each party must provide something of value, which can be an act or a promise.

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Capacity of the Parties

Parties must be legally capable (not minors or mentally incapacitated) to enter into a contract.

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Free Consent

Consent must be genuine and not obtained through coercion or fraud.

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Legality of the Object

The purpose of the contract must be lawful; illegal or immoral purposes void the contract.

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Certainty

Terms of the contract must be clear and not vague to ensure enforceability.

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Possibility of Performance

The contract must involve actions that are possible to perform.

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Bilateral Contract

A contract where both parties exchange promises.

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Unilateral Contract

A contract where acceptance is done by performing an act requested.

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Express Contract

A contract expressed in spoken or written words, clearly outlining obligations.

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Implied Contract

A contract understood through actions or course of dealing, without explicit agreement.

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Quasi Contract

A situation resembling a contract, based on equity and good conscience, not specific agreement.

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Valid Contract

An agreement that meets all essential elements and is enforceable in court.

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Void Agreement

An agreement that fails to meet essential elements and cannot be enforced by law.

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Illegal Agreement

An agreement with unlawful objectives, void from the beginning.

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Definite Offer

An offer made to a specific person or class of people.

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Legal Relationship

A presumption that an offer creates a legal bond between parties.

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Certain Terms

Offer terms must be clear, precise, and unambiguous.

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Communication of Offer

An offer must be communicated to be accepted.

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Counter Offer

A response to an offer that changes its terms, ending the original offer.

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Invitation to Treat

An indication of willingness to negotiate, not an offer.

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Request for Information

A communication asking for details which doesn’t constitute an offer.

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Revocation of Offer

Withdrawal of an offer, effective after a reasonable time or by lapse of time.

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Lapse of Offer

An offer that is no longer open after a reasonable time period.

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Death of Offeror/Offeree

An implied contract ends with the death of a party involved, unless there's notice.

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Absolute Acceptance

Acceptance must agree to all terms of the offer without changes.

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Express Acceptance

Acceptance communicated clearly through words or actions.

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Implied Acceptance

Acceptance shown through actions or conduct, not explicit words.

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Reasonable Manner of Acceptance

Acceptance must be made in a usual and appropriate way unless specified.

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Communicated Acceptance

Acceptance must be clearly communicated to the offeror to be valid.

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Timeframe for Acceptance

Acceptance must occur within a reasonable time before the offer lapses or is revoked.

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Renewal of Offers

A rejected offer can only be accepted if a new offer is made.

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Completion of Communication

An acceptance is complete once it reaches the offeror's knowledge.

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Dispensing Communication

The offeror may waive the need for acceptance to be communicated traditionally.

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Acceptance via Post

Acceptance made 'in course of post' is effective when it's posted, not received.

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Revocation of Acceptance

Acceptance can be revoked before the offeror knows about it, but not after.

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Silence as Acceptance

Silence or mental acceptance does not constitute acceptance.

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Study Notes

Contract Law (CA 1872)

  • CA 1872 governs contract law in Bangladesh.
  • A contract is an agreement enforceable by law.
  • A contract needs both agreement and enforceability.
  • For a contract to be lawful, the agreement must be lawful and enforceable.

Formation of a Contract

  • A contract forms through defined steps.
  • Firstly, a proposal must be accepted (s2(b) CA 1872) to form a promise (s2(b) CA 1872).
  • Secondly, the promise becomes a consideration (s2(d) CA 1872), forming an agreement (s2(e) CA 1872).
  • Finally, the agreement must be enforceable by law to form a lawful contract.

Definitions

  • Proposal (Offer): Section 2(a) CA 1872: When one party signifies willingness to another to act or refrain from acting, intending to obtain the other party's consent.
  • Acceptance: Section 2(b) CA 1872: The person receiving the proposal signifies assent.
  • Promise: A proposal becomes a promise when accepted, (s2) CA 1872).
  • Consideration: Section 2(d) CA 1872: Something done or promised, at the promisor's desire, by the promisee or any other person, in return for a promise.
  • Agreement: Section 2(e) CA 1872: A set of promises which serve as consideration for each other.
  • Enforceability: Section 10 CA 1872: Agreements are contracts when made with free consent, lawful consideration, and a lawful purpose.

Essential Elements of a Contract

  • Offer and Acceptance: A lawful offer by one party and a lawful acceptance by the other.
  • Intention to create Legal Relationship: Agreements need intention to be legally binding. Not all agreements create a contract that can be enforced by courts.
  • Lawful Consideration: Each party must give and receive something of value in return. Consideration can be an act, abstinence, or a promise. Consideration must be lawful (not illegal, immoral, or against public policy).
  • Competency of Parties: All parties involved must have the legal capacity to enter the contract (not a minor, insane etc.)
  • Free Consent: Parties must freely and willingly enter the contract (coercion, undue influence, fraud aren't permitted).
  • Legality of Object: The purpose of the contract must be lawful, not against the law or public policy.
  • Certainty: Contract terms must be clear and unambiguous.
  • Possibility of Performance: The contract's terms must be achievable and possible to perform.
  • Writing, Registration and Legal Formalities: Some contracts require specific writing and registration (leases, gifts, etc.).

Types of Contracts

  • Bilateral: Both parties exchange promises.
  • Unilateral: One party makes a promise in exchange for an action by the other party.
  • Express: Contract terms are explicitly stated in words or writing.
  • Implied: Contract terms are understood from the conduct or actions of the parties.
  • Quasi-Contract: Not based on an agreement but the parties act as if there is one, often based on good faith, fair dealings, and equity.

Enforceability of a Contract

  • Valid Contract: Meets all essential elements and is enforceable by law.
  • Void Agreement: Fails to meet essential elements and is not enforceable.
  • Voidable Contract: One party has the option to avoid the contract under certain circumstances like coercion or misrepresentation.
  • Unenforceable Contract: Meets essential elements but cannot be enforced for technical legal reasons (for example missing registration required by statute).

Offer and Acceptance

  • Offer: A definite proposal to another party to create a legally enforceable contract.
    • An offer can be made to an individual, a group, or the general public.
    • An offer must be clear, certain, and communicated to the other party.
    • Mere requests or expressions of willingness aren't offers.
  • Acceptance: Unconditional agreement by the offered party to the terms offered.
    • Communication: Acceptance is not valid until it reaches the offeror, but exceptions apply under postal rule.
    • Acceptance Must be communicated to be effective.
    • Counter offer: Rejection of the offer with alteration in the terms; it becomes a new offer.
    • Invitation to Treat: An invitation to make an offer (like display of goods for sale).

Revocation of Offer

  • Revocation: Withdrawal of an offer before its acceptance.
    • Offers can be revoked by offeror at anytime before it's accepted.
    • Counter-offers, lapse of time, death of either party, or changed circumstances may also revoke an offer.

Revocation of Acceptance

  • Acceptance may be revoked by the offeree before the acceptance becomes known to the offeror, under specific conditions, according to section 5 CA 1872.

Acceptance of Offer

  • Who can accept an offer? Individuals or any identifiable class.
  • Rules surrounding legal acceptance and consideration. An unconditional acceptance of all terms of the offer is required. Acceptance can happen through words (express words) or action (conduct, implied).

Communication of Acceptance

  • The general rule for communication of acceptance is that complete when it comes to the knowledge of the offeror.
  • The offeror can specify the manner of acceptance in their offer.
  • Postal rule: An acceptance is effective on posting while communicated to the offeror.

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