Law of Contract: Offer and Acceptance

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What are the cumulative requirements for a contract to exist?

An offer, a promise, and a mutual exchange of value

An offer, an intention to create legal relations, and a consideration

An agreement, a consideration, and an intention to create legal relations (correct)

A promise, an intention to create legal relations, and a mutual exchange of value

To whom can an offer be addressed?

Only a single person

Neither a single person nor a group of people

Either a single person or a group of people (correct)

Only a group of people

What is required for a contract to be formed after a valid offer has been made?

Written acceptance

Conditional acceptance

Unconditional acceptance (correct)

Verbal acceptance

What is the outcome if the elements of a contract are not present?

A court will find that a contract does not exist Signup and view all the answers

What must be present in addition to a valid communication of the offer and acceptance?

Both consideration and an intention to create legal relations Signup and view all the answers

What is the term used to describe the situation where both parties exchange their standard terms of contract, which often leads to a discrepancy?

Battle of the Forms Signup and view all the answers

What is the exception to the general rule of communication of acceptance, where the offeror waives the requirement of communication?

Carlill v Carbolic Smoke Ball Co Signup and view all the answers

What type of contract is formed when one party makes an offer to pay another if that party performs some act or refrains from some act, without requiring a promise in return?

Unilateral Contract Signup and view all the answers

What is the general rule for an acceptance to be valid in contract law?

Acceptance must be communicated to the offeror Signup and view all the answers

Which of the following is NOT a requirement for a valid acceptance in contract law?

The acceptance can be implied by silence Signup and view all the answers

What is the general rule regarding the effectiveness of acceptance in contract formation?

Acceptance is effective only when communicated to the offeror Signup and view all the answers

What is the main reason why silence cannot be relied upon as acceptance in contract formation?

Because it would allow the offeror to force a contract on an unwilling offeree Signup and view all the answers

According to the Felthouse v Bindley case, what is the implication of saying that silence cannot amount to acceptance?

Silence cannot constitute acceptance Signup and view all the answers

In which case did the court hold that a particular relationship was not capable of contractual analysis?

President of the Methodist Conference v Preston Signup and view all the answers

What happens if a lecturer tells their contract class that they will assume all students want to buy a copy of their book unless they say not in the next five seconds?

The students' silence cannot be relied upon as acceptance of the offer Signup and view all the answers

What is the key issue in the Study Task 5 scenario?

Whether A's offer was accepted by B's fax Signup and view all the answers

What is the exception to the traditional contractual analysis, as highlighted in The Eurymedon case?

Practical approach to contract law Signup and view all the answers

What is the underlying policy behind the rule that silence cannot constitute acceptance?

To prevent the offeror from forcing a contract on an unwilling offeree Signup and view all the answers

In which type of contract is an obligation to pay something to the party who conferred a benefit, regardless of contract existence?

Law of restitution Signup and view all the answers

What is the significance of the BSC v Cleveland Steel case in contract law?

It highlighted the law of restitution Signup and view all the answers

What is the essential condition for the formation of a valid contract?

Communication of the offer Signup and view all the answers

What was the ruling in the case of R v Clark?

There can be no contract without knowledge of the offer Signup and view all the answers

What is the result when two identical offers are sent simultaneously by A to B and from B to A?

No contract results until they are accepted Signup and view all the answers

Why is knowledge of the offer necessary for a valid contract?

To ensure meeting of the minds Signup and view all the answers

What was the exception to the general rule in the case of Gibbons v Proctor?

A policeman can recover a reward without knowing the offer Signup and view all the answers

What is the likely approach to acceptance in internet sales contracts?

The default rule applies, and acceptance is effective on receipt. Signup and view all the answers

What is the current state of English contract law regarding instantaneous communication?

The law awaits a definitive case involving instantaneous communication, such as email or fax. Signup and view all the answers

Why may email communication not be entirely instantaneous?

Emails may take some time to arrive at their destination, depending on the route taken. Signup and view all the answers

What is the significance of the case of Athena Brands Ltd v Superdrug Stores plc?

It showed that a contract can be formed through instantaneous mediums like fax or email. Signup and view all the answers

What is the implication of the Singapore decision of Chwee Kin Keong v Digilandmall Pte Ltd?

The postal rule should not apply to contracts concluded through email exchange. Signup and view all the answers

What is the consequence of Alice's stipulation that the offer is open for one week?

It is not binding unless there is a separate contract Signup and view all the answers

What type of contract is formed when one party makes an offer to pay another if that party performs some act or refrains from some act, without requiring a promise in return?

Unilateral contract Signup and view all the answers

What is the effect of Bill posting a reply to Alice's offer?

It is a valid acceptance Signup and view all the answers

What is the importance of examining the criteria in Gibson v Manchester City Council and Storer v Manchester City Council?

To determine if Alice's letter is a valid offer Signup and view all the answers

Law of Contract: Offer and Acceptance

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Questions and Answers

What are the cumulative requirements for a contract to exist?

To whom can an offer be addressed?

What is required for a contract to be formed after a valid offer has been made?

What is the outcome if the elements of a contract are not present?

What must be present in addition to a valid communication of the offer and acceptance?

What is the term used to describe the situation where both parties exchange their standard terms of contract, which often leads to a discrepancy?

What is the exception to the general rule of communication of acceptance, where the offeror waives the requirement of communication?

What type of contract is formed when one party makes an offer to pay another if that party performs some act or refrains from some act, without requiring a promise in return?

What is the general rule for an acceptance to be valid in contract law?

Which of the following is NOT a requirement for a valid acceptance in contract law?

What is the general rule regarding the effectiveness of acceptance in contract formation?

What is the main reason why silence cannot be relied upon as acceptance in contract formation?

According to the Felthouse v Bindley case, what is the implication of saying that silence cannot amount to acceptance?

In which case did the court hold that a particular relationship was not capable of contractual analysis?

What happens if a lecturer tells their contract class that they will assume all students want to buy a copy of their book unless they say not in the next five seconds?

What is the key issue in the Study Task 5 scenario?

What is the exception to the traditional contractual analysis, as highlighted in The Eurymedon case?

What is the underlying policy behind the rule that silence cannot constitute acceptance?

In which type of contract is an obligation to pay something to the party who conferred a benefit, regardless of contract existence?

What is the significance of the BSC v Cleveland Steel case in contract law?

What is the essential condition for the formation of a valid contract?

What was the ruling in the case of R v Clark?

What is the result when two identical offers are sent simultaneously by A to B and from B to A?

Why is knowledge of the offer necessary for a valid contract?

What was the exception to the general rule in the case of Gibbons v Proctor?

What is the likely approach to acceptance in internet sales contracts?

What is the current state of English contract law regarding instantaneous communication?

Why may email communication not be entirely instantaneous?

What is the significance of the case of Athena Brands Ltd v Superdrug Stores plc?

What is the implication of the Singapore decision of Chwee Kin Keong v Digilandmall Pte Ltd?

What is the consequence of Alice's stipulation that the offer is open for one week?

What type of contract is formed when one party makes an offer to pay another if that party performs some act or refrains from some act, without requiring a promise in return?

What is the effect of Bill posting a reply to Alice's offer?

What is the importance of examining the criteria in Gibson v Manchester City Council and Storer v Manchester City Council?

What is the consequence of Bill changing his mind after posting a reply?

Is an acceptance valid if the acceptor remains silent?

What is the postal rule exception?

What is determinative in a communication of acceptance?

Can a contract be formed through a message left on an answering machine?

What is the main issue in determining whether a contract has been formed?

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