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Questions and Answers
What is the limitation period for a contract made by deed?
What is the limitation period for a contract made by deed?
What does it mean when an agreement is stated to be 'subject to contract'?
What does it mean when an agreement is stated to be 'subject to contract'?
What type of contracts must be made in a particular form or they will be void?
What type of contracts must be made in a particular form or they will be void?
What is required for specialty contracts like conveyances of land and leases for three years or more?
What is required for specialty contracts like conveyances of land and leases for three years or more?
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Which contracts can be in any form - oral, written, or by conduct?
Which contracts can be in any form - oral, written, or by conduct?
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Which type of statement constitutes an offer?
Which type of statement constitutes an offer?
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What is the significance of the case Carlill v Carbolic Smoke Ball Co (1893)?
What is the significance of the case Carlill v Carbolic Smoke Ball Co (1893)?
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In the case of Partridge v Crittenden (1968), what was the significance of the court's decision?
In the case of Partridge v Crittenden (1968), what was the significance of the court's decision?
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What distinguishes an invitation to treat from an offer?
What distinguishes an invitation to treat from an offer?
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Which of the following is an example of an invitation to treat?
Which of the following is an example of an invitation to treat?
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In the context of contract law, what is the significance of an offer being made 'to the whole world'?
In the context of contract law, what is the significance of an offer being made 'to the whole world'?
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Which of the following statements is true?
Which of the following statements is true?
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Study Notes
Form of a Contract
- A contract can take any form, and it may be written, oral, or inferred from the conduct of the parties.
- Most contracts are simple contracts, but some contracts must be in a particular form (e.g., written) or they will be void.
Exceptions to Simple Contracts
- Bills of exchange, cheques, and the transfer of shares in a company must be in writing.
- Contracts for the sale of land must also be in writing.
Specialty Contracts
- Conveyances of land and leases for three years or more must be by deed (specialty contracts).
- Such contracts must be in writing, signed, witnessed, and delivered (intended to take effect).
- The limitation period for a contract made by deed is 12 years, and for all other contracts, it is six years.
"Subject to Contract"
- The phrase "subject to contract" means the parties are not legally bound until a contract has been executed.
- Even though the parties have agreed on terms, the matter remains in a state of negotiation.
- Either party can withdraw from the transaction without liability.
What is an Offer?
- An offer is a definite and unequivocal statement of willingness to be bound on clear specified terms without further negotiations.
- An offer can be in any form (oral, written, or by conduct), but it is not effective until it has been communicated to the offeree.
- Example: A reward offered for the return of a lost item cannot be claimed by someone who did not know of the reward before returning the item.
What is Not an Offer?
- An invitation to treat is not an offer.
- An invitation to treat means an invitation to the other party to make an offer.
- Examples of invitations to treat: most advertisements, e.g., "we may be prepared to sell".
- General rule: an advertisement is an invitation to treat, not an offer, as shown in Partridge v Crittenden (1968).
- Exception: an advertisement can be an offer if no further negotiations were intended or expected, as in Carlill v Carbolic Smoke Ball Co (1893).
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Description
Test your knowledge on different forms of contracts, including written, oral, and inferred. Learn about exceptions where contracts must be in a particular form, like bills of exchange and contracts for the sale of land. Explore specialty contracts such as conveyances of land and leases for three years or more.
