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Questions and Answers
What is the difference between specific tenders and standing-offer tenders?
What is the difference between specific tenders and standing-offer tenders?
What is the legal implication of a supplier accepting a standing-offer tender?
What is the legal implication of a supplier accepting a standing-offer tender?
What does the text imply regarding the rights of parties submitting tenders?
What does the text imply regarding the rights of parties submitting tenders?
What is the significance of the example of a company inviting tenders for stationery supply?
What is the significance of the example of a company inviting tenders for stationery supply?
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What is the main point made regarding the status of a supplier's website in the context of e-commerce?
What is the main point made regarding the status of a supplier's website in the context of e-commerce?
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Which analogy does the text use to explain the legal status of an electronic shopping site?
Which analogy does the text use to explain the legal status of an electronic shopping site?
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Which scenario, according to the text, is legally similar to the process of placing an order on an online shopping website?
Which scenario, according to the text, is legally similar to the process of placing an order on an online shopping website?
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Which of the following is NOT mentioned in the text as a key factor in the legal status of an e-commerce transaction?
Which of the following is NOT mentioned in the text as a key factor in the legal status of an e-commerce transaction?
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What defines a unilateral contract?
What defines a unilateral contract?
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What is necessary for an agreement to become a binding contract?
What is necessary for an agreement to become a binding contract?
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Which of the following elements is NOT required for a binding contract?
Which of the following elements is NOT required for a binding contract?
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In a bilateral contract, consideration is defined as:
In a bilateral contract, consideration is defined as:
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How is an offer characterized in contract law?
How is an offer characterized in contract law?
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What does 'executory consideration' refer to?
What does 'executory consideration' refer to?
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When does a promotional advertisement become a binding contract in a unilateral contract?
When does a promotional advertisement become a binding contract in a unilateral contract?
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Which of the following best describes a bilateral contract using an example?
Which of the following best describes a bilateral contract using an example?
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What was the outcome of Harris v Nickerson regarding the auctioneer's advertisement?
What was the outcome of Harris v Nickerson regarding the auctioneer's advertisement?
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In the context of shop displays, what does an invitation to treat imply?
In the context of shop displays, what does an invitation to treat imply?
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What was determined in Pharmaceutical Society of Great Britain v Boots Cash Chemist about the display of controlled drugs?
What was determined in Pharmaceutical Society of Great Britain v Boots Cash Chemist about the display of controlled drugs?
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Why was the plaintiff's claim in Harris v Nickerson unsuccessful?
Why was the plaintiff's claim in Harris v Nickerson unsuccessful?
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What legal principle did the court uphold regarding goods displayed in a shop?
What legal principle did the court uphold regarding goods displayed in a shop?
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Which of the following is true about the outcome of the Harris v Nickerson case?
Which of the following is true about the outcome of the Harris v Nickerson case?
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What does the display of goods in a shop generally imply in terms of contract law?
What does the display of goods in a shop generally imply in terms of contract law?
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What can be inferred about the relationship between display and acceptance in shop environments?
What can be inferred about the relationship between display and acceptance in shop environments?
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What happens if the auctioneer refuses to sell to the highest bidder according to Warlow v Harrison?
What happens if the auctioneer refuses to sell to the highest bidder according to Warlow v Harrison?
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What does the Sale of Goods Act S. 51(3) state regarding damages in a breach of contract?
What does the Sale of Goods Act S. 51(3) state regarding damages in a breach of contract?
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What was the holding in Spencer v Harding regarding invitations to tender?
What was the holding in Spencer v Harding regarding invitations to tender?
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In Blackpool and Fylde Aero Club Ltd v Blackpool Borough Council, what issue arose from the handling of tenders?
In Blackpool and Fylde Aero Club Ltd v Blackpool Borough Council, what issue arose from the handling of tenders?
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Under what circumstances can an invitation to tender be considered an offer?
Under what circumstances can an invitation to tender be considered an offer?
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What was the primary legal outcome for the plaintiffs in the Blackpool case?
What was the primary legal outcome for the plaintiffs in the Blackpool case?
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What does a collateral contract involve in an auction context?
What does a collateral contract involve in an auction context?
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In the legal principle established by Warlow v Harrison, what constitutes the acceptance of an offer?
In the legal principle established by Warlow v Harrison, what constitutes the acceptance of an offer?
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What does the case Fisher v Bell illustrate about goods on a website?
What does the case Fisher v Bell illustrate about goods on a website?
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In the case of Calill v Carbolic Smoke Ball Co., how is acceptance typically made?
In the case of Calill v Carbolic Smoke Ball Co., how is acceptance typically made?
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What key factors influence whether a ticket acts as a contractual document?
What key factors influence whether a ticket acts as a contractual document?
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In Chapelton v Barry UDC, what was determined about the tickets issued?
In Chapelton v Barry UDC, what was determined about the tickets issued?
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According to Cockerton v Naviera Aznar SA, how is a ticket viewed in the context of a contract?
According to Cockerton v Naviera Aznar SA, how is a ticket viewed in the context of a contract?
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What does Lord Greene suggest about the acceptance of a bus ride in Wilkie v London Passenger Transport Board?
What does Lord Greene suggest about the acceptance of a bus ride in Wilkie v London Passenger Transport Board?
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What is the legal uncertainty regarding timetables and tickets in transport cases?
What is the legal uncertainty regarding timetables and tickets in transport cases?
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What must website developers be cautious about when designing their sites?
What must website developers be cautious about when designing their sites?
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What is the main point of the content regarding 'past consideration'?
What is the main point of the content regarding 'past consideration'?
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In the example of A painting B's house, what makes the situation an example of past consideration?
In the example of A painting B's house, what makes the situation an example of past consideration?
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In the case of Re Casey’s Patents, what was the argument presented by the defendants?
In the case of Re Casey’s Patents, what was the argument presented by the defendants?
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What was the judge's ruling in Re Casey’s Patents?
What was the judge's ruling in Re Casey’s Patents?
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Why was the Oba's consideration in the Akenzua II Oba of Benin V Benin Divisional Council case considered past?
Why was the Oba's consideration in the Akenzua II Oba of Benin V Benin Divisional Council case considered past?
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What is the key distinction between past consideration and consideration that is executed?
What is the key distinction between past consideration and consideration that is executed?
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In the context of past consideration, what makes a promise enforceable despite the act already being completed?
In the context of past consideration, what makes a promise enforceable despite the act already being completed?
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Which statement best summarizes the concept of past consideration?
Which statement best summarizes the concept of past consideration?
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Flashcards
Unilateral Contract
Unilateral Contract
A contract where one party has an obligation based on the other party fulfilling a condition.
Sales Promotion Offers
Sales Promotion Offers
A type of unilateral contract promising rewards for fulfilling specific conditions, like collecting caps.
Bilateral Contract
Bilateral Contract
A contract where both parties exchange promises to fulfill their obligations.
Executory Consideration
Executory Consideration
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Meeting of the Minds
Meeting of the Minds
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Binding Contract Elements
Binding Contract Elements
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Offer
Offer
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Acceptance
Acceptance
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Tenders
Tenders
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Specific Tenders
Specific Tenders
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Standing-Offer Tenders
Standing-Offer Tenders
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Invitation to Tender
Invitation to Tender
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Binding Contract
Binding Contract
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E-commerce Status
E-commerce Status
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Virtual Shopping Basket
Virtual Shopping Basket
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Pharmaceutical Society Case
Pharmaceutical Society Case
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Collateral Contract
Collateral Contract
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Breach of Contract
Breach of Contract
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Measure of Damages
Measure of Damages
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Spencer v Harding
Spencer v Harding
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Binding Obligations of Tenders
Binding Obligations of Tenders
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Blackpool and Fylde Aero Club Case
Blackpool and Fylde Aero Club Case
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Breach of Warranty
Breach of Warranty
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Harris v Nickerson Case
Harris v Nickerson Case
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Invitation to Treat
Invitation to Treat
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Display of Goods
Display of Goods
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Offer vs. Invitation to Treat
Offer vs. Invitation to Treat
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Pharmaceutical Society v Boots
Pharmaceutical Society v Boots
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Customer Offer
Customer Offer
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Completion of Contract
Completion of Contract
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Judicial Authorities
Judicial Authorities
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Fisher v Bell
Fisher v Bell
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Calill v Carbolic Smoke Ball Co.
Calill v Carbolic Smoke Ball Co.
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Contractual Document
Contractual Document
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Chapelton v Barry UDC
Chapelton v Barry UDC
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Cockerton v NavieraAznar SA
Cockerton v NavieraAznar SA
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Wilkie v London Passenger Transport Board
Wilkie v London Passenger Transport Board
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Mode and Timing of Ticket Issue
Mode and Timing of Ticket Issue
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Past Consideration
Past Consideration
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Enforceable Conditions
Enforceable Conditions
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Request of the Promisor
Request of the Promisor
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Re Casey’s Patents Case
Re Casey’s Patents Case
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Completion of Consideration
Completion of Consideration
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Bargain Claim
Bargain Claim
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Legal Binding
Legal Binding
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Study Notes
Law of Contract - Definition
- A contract is a promise or set of promises, legally enforceable.
- It allows parties to enforce promises or get remedies for breaches.
- It aims to build confidence in commerce and trade, unlike personal arrangements.
- A contract is an agreement creating obligations enforced by law. Key distinction from other legal obligations is the agreement of contracting parties.
- A contract is a legally binding agreement between two or more people, creating rights and obligations.
- In S.G.B Nig. Ltd V SSLM (1998), a contract is an agreement between people creating obligations to do or not to do something. Essential elements for legal binding include competent parties, subject matter, legal consideration, mutuality of agreement, and obligation.
Classification of Contracts
- Customary Law: Contracts governed entirely by customary law. Always done orally, not in writing.
- Formal Contract: Made by deed or under seal. Must be written, signed, sealed, and delivered. Does not need consideration for enforceability. Examples are conveyance of a legal estate.
- Simple Contract: Any contract other than a formal contract. Can be oral or written. Often subject to a written requirement for enforceability (e.g., contracts for interest in land, promissory notes). Requires consideration.
- Express Contracts: Terms are clearly stated by the parties.
- Implied Contracts: Terms are not explicitly stated but are implied from the conduct of the parties.
- Bilateral Contracts: Each party makes a promise in exchange for the other's promise.
- Unilateral Contracts: One party makes a promise in exchange for the other party's performance of an act.
Formation of a Contract
- Offer: A definite promise to be bound. Can be oral, written, or implied.
- Acceptance: Unconditional agreement to the offer's terms. Must be communicated to the offeror.
- Consideration: Something of value exchanged between parties. Can be a promise or an act.
- Intention to create legal relations: Parties must intend their agreement to be legally binding. Presumption for commercial agreements, and this presumption can be rebutted. Social/domestic arrangements are unlikely to be legally binding.
- Capacity: Parties must have the legal ability to enter into a contract. Minors generally lack capacity and therefore cannot enter into contracts.
Invalid Types of Acceptance
- Counter-Offer: Changes the terms of the original offer.
- Acceptance Subject to Contract: Conditional acceptance; not binding until final agreement.
- Provisional Acceptance: Means the deal is not fully concluded.
- Acceptance of Tenders: Tender forms an offer. Acceptance by the person submitting the tender.
- Cross-Offers: A simultaneous offer by both parties is considered not acceptance.
- Communication of Acceptance's Exceptions: Methods and timing of acceptance affect whether it's valid.
Consideration
- Consideration is a price for a promise.
- Executed Consideration: The act of fulfilling part of a promise
- Executory Consideration: exchange of promises to be fulfilled in the future.
- Consideration must be legal, and adequate.
- Past Consideration: something already done when the promise is made
- Past consideration is not valid consideration
- Consideration must move from the promisee to the promisor.
Intention to Create Legal Relations
- Commercial Agreements: Presumed legally binding.
- Social/Domestic Agreements: Presumed not legally binding unless strong evidence otherwise.
Termination of an Offer
- Revocation: Withdrawal of an offer by the offeror before acceptance.
- Rejection: Refusal of an offer by the offeree.
- Lapse of Time: Offer expires after a stipulated time or a reasonable time.
- Death: Offer terminates when either the offeror or offeree dies.
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Description
This quiz explores the legal differences between specific and standing-offer tenders, as well as the implications of supplier acceptance. It examines key concepts of unilateral and bilateral contracts, e-commerce transactions, and the necessary elements for binding agreements.