Discuss the validity of the following statements regarding contract law: Statement A: An acceptance of an offer may either be express or implied. Statement B: Consent must always... Discuss the validity of the following statements regarding contract law: Statement A: An acceptance of an offer may either be express or implied. Statement B: Consent must always be present in all kinds of contracts.
Understand the Problem
The question presents two statements related to contract law: one about the nature of acceptance in an offer, and the other about the necessity of consent in contracts. Understanding involves determining the validity and implications of each statement within the framework of contract law.
Answer
Statement A is valid, acceptance can be express or implied. Statement B is generally valid, consent is crucial, but exceptions exist.
Statement A is valid: Acceptance can be express (explicitly stated) or implied (demonstrated by actions). Statement B is generally valid: Consent is crucial for contract validity, though exceptions exist like quasi-contracts where consent is not explicitly given but implied by law to prevent unjust enrichment.
Answer for screen readers
Statement A is valid: Acceptance can be express (explicitly stated) or implied (demonstrated by actions). Statement B is generally valid: Consent is crucial for contract validity, though exceptions exist like quasi-contracts where consent is not explicitly given but implied by law to prevent unjust enrichment.
More Information
Express acceptance involves clear communication, while implied acceptance is inferred from conduct. Consent, or mutual assent, is a fundamental element, ensuring parties willingly enter an agreement. Quasi-contracts are an exception as they are implied by law.
Tips
A common mistake is to assume all contracts require explicit consent. Understanding implied consent and exceptions like quasi-contracts is important.
Sources
- ELEMENTS OF A CONTRACT | Law 101: Fundamentals of the Law - courses.lumenlearning.com
- The 6 Essential Elements of a Contract - Docusign - docusign.com
- Acceptance in Contract Law | Definition & Types - Lesson - Study.com - study.com
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