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Questions and Answers
What is the primary basis for contract formation according to the text
What is the primary basis for contract formation according to the text
- The actual intention of the contracting parties
- The reasonable belief of a third party
- What was communicated between the parties by words or conduct (correct)
- The subjective state of mind of the parties
In Smith v Hughes (1871), what principle did Blackburn J establish about contract formation?
In Smith v Hughes (1871), what principle did Blackburn J establish about contract formation?
- That a contract is based on subjective tests only
- That a reasonable man's belief about another's assent is crucial (correct)
- That contracts are valid only if written and signed by both parties
- That all contracts require a witness to be binding
Who stated that whether there is a binding contract depends on what was communicated between the parties?
Who stated that whether there is a binding contract depends on what was communicated between the parties?
- Blackburn J in Smith v Hughes (1871)
- Lord Clarke in RTS Flexible Systems Ltd v Molkerei Alois Müller GmbH & Co (UK Production) (correct)
- Singleton J in Hartog v Colin and Shields
- Lord Brandon in The Hannah Blumenthal
What does an objective test for agreement examine?
What does an objective test for agreement examine?
In Centrovincial Estates plc v Merchant Investors Assurance Co Ltd, what did Slade LJ say about withdrawing an offer after acceptance?
In Centrovincial Estates plc v Merchant Investors Assurance Co Ltd, what did Slade LJ say about withdrawing an offer after acceptance?
What theory did the claimants in Centrovincial unsuccessfully argue applied to their case?
What theory did the claimants in Centrovincial unsuccessfully argue applied to their case?
According to Professor Atiyah's view on Centrovincial, under what condition should an offeree not create legal rights for himself by acceptance?
According to Professor Atiyah's view on Centrovincial, under what condition should an offeree not create legal rights for himself by acceptance?
How does Lord Brandon suggest that abandonment of an arbitration agreement could occur without express communication between parties?
How does Lord Brandon suggest that abandonment of an arbitration agreement could occur without express communication between parties?
In which situation might subjective intentions be relevant according to Slade LJ in Centrovincial Estates plc v Merchant Investors Assurance Co Ltd?
In which situation might subjective intentions be relevant according to Slade LJ in Centrovincial Estates plc v Merchant Investors Assurance Co Ltd?
What does estoppel rely upon?
What does estoppel rely upon?
Which case established that no detrimental reliance is required if acceptance evidence exists through writing?
Which case established that no detrimental reliance is required if acceptance evidence exists through writing?
What type of knowledge suffices for setting aside a contract due to unilateral mistake?
What type of knowledge suffices for setting aside a contract due to unilateral mistake?
In cases like Hartog, how do courts typically determine whether there’s been acceptance?
In cases like Hartog, how do courts typically determine whether there’s been acceptance?
Which case highlighted that claimants could not snatch bargains they knew were not intended?
Which case highlighted that claimants could not snatch bargains they knew were not intended?
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