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Questions and Answers

What constitutes acceptance in the case of Carlill v Carbolic Smoke Ball?

  • Performance of the act specified in the offer (correct)
  • Payment of a monetary sum
  • Signing a contract document
  • Communicating acceptance before performance
  • Which of the following best describes a 'mere puff'?

  • A binding offer with specific terms
  • An invitation to enter into negotiations
  • A formal contract with conditions
  • An exaggerated claim not meant to be taken seriously (correct)
  • What differentiates an offer from an invitation to treat?

  • An offer can only be made to specific individuals, while an invitation can be made to the public
  • An offer indicates a willingness to be bound, while an invitation lacks this indication (correct)
  • An offer must have a time limit, whereas an invitation does not
  • An offer requires consideration, whereas an invitation to treat does not
  • In the Pharmaceutical Society v Boots Chemist case, what was the crucial legal question?

    <p>Whether the goods displayed on the shelf constituted an offer</p> Signup and view all the answers

    Which of the following is an example of an invitation to treat?

    <p>A price tag on a product in a store</p> Signup and view all the answers

    What was held regarding the vagueness of the advert in Carlill v Carbolic Smoke Ball?

    <p>The advert was sufficiently clear and not too vague</p> Signup and view all the answers

    What was considered as consideration from Mrs. Carlill in her acceptance?

    <p>The inconvenience of using the smokeball</p> Signup and view all the answers

    In the context of contract law, which of the following best defines an invitation to treat?

    <p>A request made by one party for another to make an offer</p> Signup and view all the answers

    What is the general rule regarding the communication of acceptance?

    <p>Acceptance is effective when and where it is received by the offeror.</p> Signup and view all the answers

    In which case was it established that acceptance occurs when a letter is posted?

    <p>Adams v Lindsell</p> Signup and view all the answers

    What is the implication of the Electronic Transactions Act?

    <p>It presumes the time and place of receipt for electronic communications.</p> Signup and view all the answers

    In Latec Finance v Knight, was Knight's signing of the hire purchase agreement considered to be acceptance?

    <p>No, because acceptance requires explicit communication.</p> Signup and view all the answers

    What can be inferred about reciprocal obligations in the case of unilateral contracts?

    <p>An act may constitute acceptance without communication.</p> Signup and view all the answers

    What did Latec Finance argue regarding Knight's signing of the form?

    <p>That signing the form indicated acceptance regardless of communication.</p> Signup and view all the answers

    What does the case of Carbolic Smoke Ball illustrate regarding acceptance?

    <p>Acceptance can be based on conduct without communication.</p> Signup and view all the answers

    Which of the following statements is true about the need for communication in acceptance?

    <p>Communication is necessary unless explicitly waived by the offeror.</p> Signup and view all the answers

    What is the main conclusion drawn from Felthouse v Bindley regarding silence as acceptance?

    <p>Silence does not amount to acceptance unless there is conduct indicating acceptance.</p> Signup and view all the answers

    In the case of Empirnall v Machon Paull, which situation depicts the principle of acceptance inferred from conduct?

    <p>Payments made for progress of the project without a signed contract.</p> Signup and view all the answers

    What significant legal principle was established in Felthouse v Bindley regarding contract formation?

    <p>An acceptance must be communicated to the offeror for it to be valid.</p> Signup and view all the answers

    How did the court rule in the case of Felthouse v Bindley concerning the uncle's claim against the auctioneer?

    <p>The claim was rejected since there was no communicated acceptance.</p> Signup and view all the answers

    What does Paragraph 102 emphasize about electronic mail or telecopy addresses in a document?

    <p>They should not be viewed as a clear designation of acceptance.</p> Signup and view all the answers

    In Empirnall v Machon Paull, which scenario illustrates an issue with implied acceptance?

    <p>The project manager refuses to sign a contract after starting work.</p> Signup and view all the answers

    What can be inferred about the significance of conduct in contract acceptance based on the discussed cases?

    <p>Conduct can sometimes suffice for establishing acceptance when silence is also present.</p> Signup and view all the answers

    Which of the following statements correctly describes the ruling in Brambles Holdings Ltd v Bathurst City Council?

    <p>The court ruled that conduct must clearly indicate an acceptance.</p> Signup and view all the answers

    What was the main issue raised in the Ipex Software Services v Hosking case?

    <p>Whether Hosking provided good consideration for a 5% stake.</p> Signup and view all the answers

    What was Hosking's expectation regarding the outcome of transferring his business?

    <p>To acquire shares or units in the restructured group.</p> Signup and view all the answers

    What key issue was raised regarding the contract between the Commonwealth and AWM?

    <p>Was consideration valid?</p> Signup and view all the answers

    What did the court conclude about the nature of Hosking's transfer of services?

    <p>It was based on the expectation that Hosking would be paid.</p> Signup and view all the answers

    What was the nature of the contract according to the High Court of Australia?

    <p>Unilateral contract</p> Signup and view all the answers

    Which requirement is essential for establishing a contract as mentioned by the High Court?

    <p>Act must be done in consideration of the promise</p> Signup and view all the answers

    Which percentage of the restructured corporation was promised to Hosking?

    <p>5%</p> Signup and view all the answers

    What type of agreement was formally signed after Hosking's services were completed?

    <p>An agreement granting 5% stake in the corporation.</p> Signup and view all the answers

    What was AWM's total claim for recovering subsidies as stated in the case?

    <p>£176,153</p> Signup and view all the answers

    What did the High Court emphasize regarding the relationship between the announcement and the act performed?

    <p>There must be a quid pro quo relationship.</p> Signup and view all the answers

    What distinction did the High Court make regarding promises?

    <p>Conditional gifts and enforceable promises</p> Signup and view all the answers

    Which year did the Commonwealth announce the end of the subsidy program?

    <p>1948</p> Signup and view all the answers

    Which of the following was a reason for AWM's claim against the Commonwealth?

    <p>Stockpile of wool affected by cancellation</p> Signup and view all the answers

    What constitutes the revocation of an offer by the offeror?

    <p>Time lapse if no time is prescribed</p> Signup and view all the answers

    In the case of Dickinson v Dodds, how did Dodds effectively revoke his offer to Dickinson?

    <p>By selling the property to a third party</p> Signup and view all the answers

    For an offer to lapse due to the death of the offeror, which of the following statements is true?

    <p>The death of the offeror terminates the offer automatically</p> Signup and view all the answers

    What is required for the rejection of an offer to be valid?

    <p>It must be communicated by the offeree to the offeror</p> Signup and view all the answers

    When can an offer be revoked according to Dickinson v Dodds?

    <p>At any time before acceptance is communicated</p> Signup and view all the answers

    What protects an offeror from revocation in a unilateral contract?

    <p>Commencement of performance by the offeree</p> Signup and view all the answers

    What happens if an offer is made to the public at large and is revoked?

    <p>It can be revoked in the same manner as it was made</p> Signup and view all the answers

    In which scenario could an offer remain valid despite the promise to keep it open?

    <p>If legal consideration was provided to hold the offer</p> Signup and view all the answers

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