The Functions of a Prescribed Form in Contracts

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Which legal system has a Civil Code called the Codé Civil?

French law

What is the main focus of private law?

Relations between individuals and entities

Which legal system is known for being 'pro-business' and flexible?

English law

Which legal system has a Civil Code called the Burgerliches Gesetzbuch?

German law

Which function does a prescribed form serve in a contract?

All of the above

What is the purpose of using notarial acts in certain types of agreements?

To ensure the validity of the agreements

Which countries require contracts to have written evidence to facilitate proving them?

France and England

What is the effect of a lack of capacity on a contract?

The contract becomes unenforceable

Which of the following is NOT a key element in the formation of a contract?

Consensus ad idem

What is the main difference between an offer and an invitation to treat?

An offer is legally binding, while an invitation to treat is not

Which of the following is a question to determine if a statement is an offer or an invitation to treat?

Is there a clear intention to be bound immediately upon acceptance?

What is the effect of revoking an offer?

The offer is terminated and cannot be accepted

Which type of contract is often required to be in writing to ensure clarity and prevent disputes?

Transfer of Title to Immovable Property

What is the function of requiring a specific form in legal contracts?

All of the above

Which type of contract often requires written agreements to record the details of the transaction?

Transfer of Shares in a Private Limited Company

What is the purpose of the warning function in requiring a specific form in legal contracts?

To encourage a more deliberate and conscious decision-making process

According to the text, what are the two key elements of contract law?

Freedom of Contract and Binding Force

What is the purpose of contract law?

To ensure society can function by enforcing agreements

What is the foundational element of a contract according to contract law?

Agreement

What is the difference between procedural fairness and substantive fairness in contract law?

Procedural fairness addresses power imbalances, while substantive fairness pertains to the contract's content

Which one of the following is true about the withdrawal of an offer in English Law?

The person who withdraws an offer incurs extra-contractual liability.

According to Section 10 of the text, which one of the following is true about acceptance?

Acceptance must match the terms of the offer exactly.

According to the text, which one of the following is true about counteroffers?

A counteroffer terminates the original offer.

According to the text, which one of the following is true about the receipt rule for instantaneous communication?

The receipt rule does not apply to instantaneous communication.

Which one of the following is true about the concept of intention in contract law?

Intention refers to the mutual agreement between the parties to be bound by the terms of the contract.

What is the term used to describe disagreements between intention and declarations in contract formation?

Dissensus

When can disagreements regarding the quality or value of the subject matter of a contract arise?

During the initial formation of the contract

What is the term used to describe the mutual intention to be bound by the terms of a contract?

Consensus ad idem

Which one of the following is NOT true about the concept of intention in contract law?

Intention is always the same as what the parties intended.

What are disagreements between intention and declarations in contract formation often called?

Dissensus

Quiz: The Functions of a Prescribed Form in Contracts Test your knowledge on the functions of a prescribed form in contracts. Learn how a prescribed form informs and advises parties about the legal consequences of their agreement, ensuring transparency and informed decision-making. Discover how a prescribed form also serves a protective function by safeguarding the interests of the weaker party.

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