Understanding Contract of Sale and Invitation to Treat Quiz
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Questions and Answers

What is the central notion of a contract?

  • Promise enforcement
  • Concept of bargain (correct)
  • Exchange of goods or services
  • Legal duty recognition

    • According to Sir Federick Pollock, what is a contract?

  • A legal duty
  • A promise enforced by law (correct)
  • An offer and acceptance
  • An exchange of goods

    • Which element is not required for a valid contract?

  • Consideration
  • Capacity to enter into a contract
  • Intention to engage in a business transaction (correct)
  • Agreement (offer and acceptance)

    • What is essential for a valid offer according to the law?

    <p>Certain terms</p> Signup and view all the answers

    In a contract, what follows a valid offer?

    <p>Acceptance</p> Signup and view all the answers

    Which term represents a promise or set of promises for the breach of which the law gives a remedy?

    <p>Contract</p> Signup and view all the answers

    Based on the case of Lefkowitz v Great Minneapolis Stores, what did the US court consider the advertisement to be?

    <p>A unilateral offer</p> Signup and view all the answers

    In the case of Carlill vs. Carbolic Smoke Ball Co.Ltd, what type of advertisement was considered to be an offer?

    <p>Unilateral</p> Signup and view all the answers

    According to Justice Murphy in the case of Lefkowitz v Great Minneapolis Stores, what determines whether a newspaper advertisement is an offer or an invitation to make an offer?

    <p>The legal intention of the parties and the surrounding circumstances</p> Signup and view all the answers

    What was the outcome for the plaintiff in the case of Lefkowitz v Great Minneapolis Stores after appearing at the seller's place of business?

    <p>Entitled to performance by the defendant</p> Signup and view all the answers

    What concept did the Divisional Court rely on to quash the appellant's conviction in offering a wild live bird for sale?

    <p>Invitation to treat</p> Signup and view all the answers

    In the context of advertisements, what did Justice Murphy consider as necessary for an offer to be clear and explicit?

    <p>Leaving nothing open for negotiation</p> Signup and view all the answers

    In an auction sale without a reserve price, what may it constitute to the highest bidder?

    <p>An offer</p> Signup and view all the answers

    According to the case of WARLOW v HARRISON (1859) 29 LJ QB 14, what did the Plaintiff challenge in the auction sale?

    <p>The ownership of the goods</p> Signup and view all the answers

    What did Baron Martin state in the case of WARLOW v HARRISON regarding the relationship between the auctioneer and the Plaintiff?

    <p>There is a contract between them</p> Signup and view all the answers

    Which law regulates auction sales according to the text provided?

    <p>Sale of Goods Act, 1962 (Act 137)</p> Signup and view all the answers

    What does an announcement about goods being put up for auction signify according to the text?

    <p>An invitation to treat</p> Signup and view all the answers

    In an auction sale, which of the following statements is true regarding the goods displayed?

    <p>The goods displayed are invitations to treat.</p> Signup and view all the answers

    According to PAYNE v CAVE (1789), what happens if a bidder withdraws their bid before the auctioneer's hammer falls?

    <p>The bid is not considered an offer, and there is no contract formed.</p> Signup and view all the answers

    In the case of HARRIS v NICKERSON (1873), what did Harris sue the auctioneer for?

    <p>For the loss of his time and expenses in attending the auction.</p> Signup and view all the answers

    What was the outcome in GRAINGER & SON v GOUGH (1896) regarding price lists, catalogues, and brochures?

    <p>They were invitations to treat.</p> Signup and view all the answers

    What constitutes an offer in an auction sale according to the information provided?

    <p>The bids made by persons in attendance.</p> Signup and view all the answers

    Which case established that withdrawing a bid before its acceptance constitutes no contract?

    <p>PAYNE v CAVE (1789)</p> Signup and view all the answers

    When is a sale by auction deemed complete?

    <p>When the auctioneer announces its completion by the fall of the hammer</p> Signup and view all the answers

    In a sale by auction, what action can a bidder take until the auctioneer announces the completion of the sale?

    <p>Retract their bid</p> Signup and view all the answers

    What happens in a sale by auction when the auctioneer refuses to accept the highest bid in a 'without reserve' sale?

    <p>The highest bona fide bidder is entitled to buy the goods at the price bid</p> Signup and view all the answers

    When can the seller or their representative make a bid in a sale by auction?

    <p>If a right to bid is expressly reserved</p> Signup and view all the answers

    What type of bid can the seller or their representative make in a sale by auction that is subject to a reserve price?

    <p>One bid and no more</p> Signup and view all the answers

    What defines each lot in a sale by auction?

    <p>A separate contract of sale</p> Signup and view all the answers

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