Contract Formation
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Questions and Answers

offer need to be clear, certain and contain all the terms

  • Partridge v Crittenden (correct)
  • Smith v Hughes
  • Gibson v Manchester City Council
  • carili v Carbolic Smoke Ball

Advertisments are an invitation to treat

  • Grainger v Gough
  • Ramsgate v Victoria
  • Great Northen Railway Company v Witham
  • Partridge v Crittenden (correct)

An adversitmenet used for a unilateral offer is a valid offer

  • Carlil v Carbolic Smoke Ball Company (correct)
  • Errington v Errington
  • Dickinson v Dodds
  • Lampleigh v Braithwaite

A counter offer is not a valid acceptance as it destroys the original offer.

<p>Hyde v Wrench (B)</p> Signup and view all the answers

As a general rule, a promise to accept less is not a binding promise.

<p>Foakes v Beer (A)</p> Signup and view all the answers

There are three exceptions to the general rule that a promise to accept less is not legally binding.

<p>Pinnels Case (B)</p> Signup and view all the answers

What is the exception to the rule set out in Stilk v Myrik?

<p>Unless the promisee has exceeded his contractual obligation and goes over and above - Hartley v Ponsonby (C)</p> Signup and view all the answers

In order to revoke a unilateral offer the offeror must take reasonable steps to notify those who might be likley to accept.

<p>Shuey v United States (B)</p> Signup and view all the answers

The postal rule comes from which case?

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

A request for information in not an acceptance following

<p>Stephevson v McLean</p> Signup and view all the answers

Past consideration is not valid consideration following

<p>Roscorla v Thomas</p> Signup and view all the answers

The exceptions for a promise to accept less include; a) a promise for less at an ealier time, b) a promise at a different place or c) a promise for less in a different form following

<p>D &amp; C Builder v Rees</p> Signup and view all the answers

Promissary Estoppel is a shield not a sword

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

Promissory estoppel does not requires new consideration, therefore it is not liked by the courts

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

Existing contractual obligations owed to a third party may be valid consideration for a new promise following

<p>New Zealand Shipping v Satterhwaite (D)</p> Signup and view all the answers

An exception to the rule set out in Roscorla v Thomas was laid out in which case?

<p>Lampleigh v Braithwait (B)</p> Signup and view all the answers

The second requirement for promissory estoppel requires the promisee to have relied on that promise to their detriment following

<p>High trees case</p> Signup and view all the answers

A requirement for promissary estoppel requires

<p>it to be wrong or inequitable for the promisee to retract the promise - D&amp;C Builders v Rees (A)</p> Signup and view all the answers

Third party revocation is where an offer is revoked by someone other than the offoror following

<p>Dickinson v Dodds</p> Signup and view all the answers

silence is not a form of acceptance following

<p>Felthouse v brindley</p> Signup and view all the answers

Parent and child agreements have no intention to create legal relations

<p>Jones v padavatton</p> Signup and view all the answers

commerial contracts where one or more of the parties is a business, there is an intention to create legal relations

<p>Esso petroleum</p> Signup and view all the answers

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