Contract Law, Workshops 1 & 2, Case Quiz

36 Questions | Total Attempts: 880

Contract Law, Workshops 1 & 2, Case Quiz - Quiz

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Questions and Answers
  • 1. 
    Goods on display are an invitation to treat
  • 2. 
    Display of dangerous or toxic items in window is an invitation to treat.
  • 3. 
    Advertisements are an invitation to treat
  • 4. 
    Advertisement of reward is regarded as an offer.
  • 5. 
    If wording is explicit, advertisement can be regarded as an offer.
  • 6. 
    An auction 'without reserve' means a promise to sell to the highest bidder, regardless of the value of the offer
  • 7. 
    Promises to keep an offer open are not binding.
  • 8. 
    Offers can be withdrawn at any time before acceptance, except when consideration is given to keep the offer open
  • 9. 
    Notice of revocation sent during normal office hours is considered valid on day of receipt
  • 10. 
    Revocation can be communicated by reliable third party
  • 11. 
    An acceptance must match exactly the terms of an offer, otherwise there can be no contract. Counter offer destroys the original offer
  • 12. 
    In order to claim an offer, you must have knowledge of it.
  • 13. 
    When there is doubt as to whether a statement is an offer or not, there is an objective test
  • 14. 
    Revocation is not effective until it is communicated
  • 15. 
    If you make a request for information, this does not affect your right to accept the existing offer
  • 16. 
    Acceptance must be communicated, and is effective when and where it is received
  • 17. 
    The postal rule may apply even if the letter of acceptance is lost or delayed in the post
  • 18. 
    Consideration need not be adequate, but must be sufficient
  • 19. 
    A conditional gift is
    • A. 

      A contract of sale

    • B. 

      A condition required to trigger promisor's generosity

    • C. 

      An example of blackmail

  • 20. 
    Consideration does not need to have economic value
  • 21. 
    The exceptions to [Roscorla v Thomas] are:
    • A. 

      Act must have been done at promisor's request [Lampleigh v Brathwait]

    • B. 

      Parties must have understood from outset that act would be rewarded [Re Casey's Patents, Stewart v Casey]

    • C. 

      When one of the parties witnesses a double rainbow

    • D. 

      The payment or conferment of other benefit must have been legally enforceable had it been promised in advance (usual requirement for binding contract)

  • 22. 
    If you are under a legal obligation to do something, and someone offers to pay you to undertake this obligation, but do not pay you, they are not obliged to.
  • 23. 
    Exceeding an existing legal duty - providing a service over and above what is reasonably necessary, counts as consideration
  • 24. 
    Performing an existing contractual duty owed to the other party in exchange for a promise by the other party to pay more money is not consideration
  • 25. 
    If you exceed contractual obligation (there is more benefit and/or detriment involved), it is valid consideration
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