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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?
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 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?
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'?
Which situation would render a contract void due to a lack of 'free consent'?
Which of the following scenarios involves an agreement that would be considered void due to 'illegality of the object'?
Which of the following scenarios involves an agreement that would be considered void due to 'illegality of the object'?
An agreement is made to sell '100 tons of oil'. This agreement is likely void due to:
An agreement is made to sell '100 tons of oil'. This agreement is likely void due to:
Which of the following is an example of a contract that might require specific writing and registration to be valid?
Which of the following is an example of a contract that might require specific writing and registration to be valid?
Which of the following scenarios is most likely to involve 'undue influence' in contract law?
Which of the following scenarios is most likely to involve 'undue influence' in contract law?
In Hyde v Wrench (1840), what legal principle was established regarding counter offers?
In Hyde v Wrench (1840), what legal principle was established regarding counter offers?
According to Dickinson v Dodds (1876), under what condition can an offeror revoke an offer?
According to Dickinson v Dodds (1876), under what condition can an offeror revoke an offer?
In the context of contract law, which scenario does Bradbury v Morgan (1862) primarily address?
In the context of contract law, which scenario does Bradbury v Morgan (1862) primarily address?
What is required for an acceptance to be considered valid?
What is required for an acceptance to be considered valid?
Neale v Merrett illustrates what key principle about acceptance in contract law?
Neale v Merrett illustrates what key principle about acceptance in contract law?
How does Brogden v Metropolitan Railway (1877) demonstrate acceptance in contract law?
How does Brogden v Metropolitan Railway (1877) demonstrate acceptance in contract law?
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?
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?
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?
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?
In the case of Felthouse v Bindley, what principle regarding acceptance was established?
In the case of Felthouse v Bindley, what principle regarding acceptance was established?
What is the implication of the Ramsgate Victoria Hotel v Montefiore (1866) ruling on acceptance?
What is the implication of the Ramsgate Victoria Hotel v Montefiore (1866) ruling on acceptance?
According to the ruling in Hyde v Wrench, what condition must be met for a rejected offer to be accepted?
According to the ruling in Hyde v Wrench, what condition must be met for a rejected offer to be accepted?
In the context of contract law, when is the communication of acceptance considered complete, according to the general rule?
In the context of contract law, when is the communication of acceptance considered complete, according to the general rule?
In Entores v Miles Far Eastern Corporation, where did the court determine the acceptance took place when using telex communication?
In Entores v Miles Far Eastern Corporation, where did the court determine the acceptance took place when using telex communication?
Under what condition can an offeror be said to have dispensed with the need for communication of acceptance?
Under what condition can an offeror be said to have dispensed with the need for communication of acceptance?
What was the key point of contention in Yates Building Co v R J Pulleyn & Sons (York) regarding the method of acceptance?
What was the key point of contention in Yates Building Co v R J Pulleyn & Sons (York) regarding the method of acceptance?
According to Section 5 of the Contract Act 1872, up to what point can an acceptance be revoked?
According to Section 5 of the Contract Act 1872, up to what point can an acceptance be revoked?
In contract law, what distinguishes an offer made 'to the world at large' from an offer made to a specific individual?
In contract law, what distinguishes an offer made 'to the world at large' from an offer made to a specific individual?
Which scenario most clearly demonstrates a lack of intention to create legal relations, thus preventing the formation of a contract?
Which scenario most clearly demonstrates a lack of intention to create legal relations, thus preventing the formation of a contract?
Which of the following scenarios best illustrates an offer with terms that would be considered too vague to form a binding contract?
Which of the following scenarios best illustrates an offer with terms that would be considered too vague to form a binding contract?
In which of the following scenarios would an offer NOT be considered effectively communicated to the offeree?
In which of the following scenarios would an offer NOT be considered effectively communicated to the offeree?
In contract law, what is the primary legal consequence of a counteroffer made during negotiations?
In contract law, what is the primary legal consequence of a counteroffer made during negotiations?
How does an 'invitation to treat' differ from a legal offer in the context of contract law?
How does an 'invitation to treat' differ from a legal offer in the context of contract law?
What legal principle did Harvey v Facey establish regarding the nature of a response to a request for information in contract negotiations?
What legal principle did Harvey v Facey establish regarding the nature of a response to a request for information in contract negotiations?
In the context of contract law, under what circumstances does an offer typically lapse due to the passage of time?
In the context of contract law, under what circumstances does an offer typically lapse due to the passage of time?
Which scenario exemplifies a bilateral contract?
Which scenario exemplifies a bilateral contract?
In which of the following scenarios would an implied contract most likely be recognized?
In which of the following scenarios would an implied contract most likely be recognized?
Which of the following best describes a quasi-contract?
Which of the following best describes a quasi-contract?
What is the critical difference between a void agreement and a voidable contract?
What is the critical difference between a void agreement and a voidable contract?
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?
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?
Which circumstance would render an agreement unenforceable rather than void or voidable?
Which circumstance would render an agreement unenforceable rather than void or voidable?
Under the Contract Act 1872, which section defines a 'proposal'?
Under the Contract Act 1872, which section defines a 'proposal'?
Which of the following agreements would be considered illegal?
Which of the following agreements would be considered illegal?
Which element, as defined in the Contract Act 1872, involves the promisee doing or abstaining from doing something at the promisor's desire?
Which element, as defined in the Contract Act 1872, involves the promisee doing or abstaining from doing something at the promisor's desire?
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?
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?
According to Section 2(e) of the Contract Act 1872, what constitutes an 'agreement'?
According to Section 2(e) of the Contract Act 1872, what constitutes an 'agreement'?
Mike enters into a contract after Charles threatens to hurt Mike's family if he doesn't sign. Based on this, the contract is...
Mike enters into a contract after Charles threatens to hurt Mike's family if he doesn't sign. Based on this, the contract is...
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?
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?
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?
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?
Under the Contract Act of 1872, which scenario exemplifies valid 'consideration'?
Under the Contract Act of 1872, which scenario exemplifies valid 'consideration'?
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?
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?
Flashcards
Contract (CA 1872)
Contract (CA 1872)
An agreement enforceable by law.
Proposal
Proposal
Willingness to do or abstain from an act to obtain assent.
Acceptance
Acceptance
Signifying assent to a proposal, turning it into a promise.
Promise
Promise
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Consideration
Consideration
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Agreement
Agreement
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Enforceability
Enforceability
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Formation of a contract
Formation of a contract
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Offer and Acceptance
Offer and Acceptance
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Intention to Create Legal Relationship
Intention to Create Legal Relationship
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Lawful Consideration
Lawful Consideration
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Capacity of the Parties
Capacity of the Parties
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Free Consent
Free Consent
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Legality of the Object
Legality of the Object
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Certainty
Certainty
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Possibility of Performance
Possibility of Performance
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Bilateral Contract
Bilateral Contract
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Unilateral Contract
Unilateral Contract
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Express Contract
Express Contract
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Implied Contract
Implied Contract
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Quasi Contract
Quasi Contract
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Valid Contract
Valid Contract
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Void Agreement
Void Agreement
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Illegal Agreement
Illegal Agreement
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Definite Offer
Definite Offer
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Legal Relationship
Legal Relationship
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Certain Terms
Certain Terms
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Communication of Offer
Communication of Offer
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Counter Offer
Counter Offer
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Invitation to Treat
Invitation to Treat
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Request for Information
Request for Information
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Revocation of Offer
Revocation of Offer
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Lapse of Offer
Lapse of Offer
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Death of Offeror/Offeree
Death of Offeror/Offeree
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Absolute Acceptance
Absolute Acceptance
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Express Acceptance
Express Acceptance
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Implied Acceptance
Implied Acceptance
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Reasonable Manner of Acceptance
Reasonable Manner of Acceptance
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Communicated Acceptance
Communicated Acceptance
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Timeframe for Acceptance
Timeframe for Acceptance
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Renewal of Offers
Renewal of Offers
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Completion of Communication
Completion of Communication
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Dispensing Communication
Dispensing Communication
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Acceptance via Post
Acceptance via Post
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Revocation of Acceptance
Revocation of Acceptance
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Silence as Acceptance
Silence as 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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Description
Test your knowledge of the Contract Act, 1872. This quiz covers essential elements like free consent, consideration, legality of object, and the impact of cases like Hyde v Wrench and Dickinson v Dodds.