01. Offer and acceptance. Flashcards
A definite promise to be bound on specific terms.
Offer.
Offer.
A definite promise to be bound on specific terms.
Only an … is capable of acceptance.
offer
A supply of information (is / is not) an offer.
is not
A statement of intention (is / is not) an offer.
is not
Advertising that an auction will take place (is / is not) an offer.
is not
A party initiating negotiations is making an …
invitation to treat.
An invitation to treat (can / can not) be accepted.
can not
An indication that a person is prepared to receive offers with a view to entering into a binding contract.
Invitation to treat.
Invitation to treat.
An indication that a person is prepared to receive offers with a view to entering into a binding contract.
Typical invitations to treat: A*, GoD, PL
advertisments
Typical invitations to treat: A, GoD*, PL
goods on display
Typical invitations to treat: A, GoD, PL*
price lists
If goods displayed on a supermarket shelf were offers rather than invitations, removal of them would constitute an …
acceptance
An offer (can / can not) be made to a class of persons.
can
An offer (can / can not) be made to the world at large
can
An offer to the world at large is often known as a … contract.
reward
An offer dies through either A* or T.
acceptance
An offer dies through either A or T*.
termination
An offer dies through either …
acceptance or termination.
Methods of termination of offer: R*, CO, LoT, R, FOP
rejection
Methods of termination of offer: R, CO*, LoT, R, FOP
counter-offer
Methods of termination of offer: R, CO, LoT*, R, FOP
lapse of time
Methods of termination of offer: R, CO, LoT, R*, FOP
revocation
Methods of termination of offer: R, CO, LoT, R, FOP*
failure of a precondition
Rejection.
The termination of an offer by the offeree.
The termination of an offer by the offeree.
Rejection.
The termination of an offer by the offeror.
Revocation.
Revocation.
The termination of an offer by the offeror.
An unqualified agreement to all the terms of an offer.
Acceptance.
Acceptance.
An unqualified agreement to all the terms of an offer.
An offer made in response to another offer, involving a matarial variation of its terms.
Counter-offer.
Counter offer
An offer made in response to another offer, including a matarial variation of its terms.
An offer with no specified time limit expires after …
a reasonable time.
An open offer (may / may not) be revoked by the offeror.
may
A request for information (is / is not) a counter-offer.
is not
An offeror is only bound to keep an offer open if …
a separate contract exists to that effect.
(There would therefore need to be additional consideration, such as a deposit or puchase of an option.)
A necessary condition within an offer.
Precondition.
Precondition.
A necessary condition within an offer.
A request for specific delivery requirements in a contract for the sale of goods (is / is not) usually deemed to be a counter offer.
is not
A request for specific delivery requirements in a contract for the sale of goods is not usually deemed to be a …
counter-offer
A material variation of the terms of an offer is a …
counter offer
Acceptance by conduct must be a …
positive act
In ‘Carlill,’ Mrs Carlill beginning to use the Smoke Balls was a positive act and therefore …
an acceptance of Carbolic’s offer.
An offeror (can / can not) assume acceptance, for example after a specified time limit has elapsed.
can not
An offer (can / can not) be deemed to be accepted by the conduct of the offeree.
can
In ambiguous cases the court will consider all the facts to determine if there is … in order to determine whether there has been an ‘agreement’ between parties.
an offer and its acceptance
In reward contracts the offeror waives their right to …
communication of acceptance
If no method is specified, an offeree can communicate acceptance by any … method.
reasonable
The postal rule (does / does not) apply to acceptance.
does
The postal rule (does / does not) apply to revocation.
does not
The postal rule (does / does not) apply to instantaneous methods of communication.
does not
The postal rule applies if the communication of acceptance by post is in the …
reasonable contemplation of both parties.
Postal rule.
The situation whereby the acceptance of an offer is binding as soon as the offeror places it into the postal system, properly stamped and addressed, and where postal acceptance is within the reasonable contemplation of both parties.
The term ‘by notice in writing’ means that acceptance must be …
received by the offeror.
The postal rule (does / does not) apply to email.
does not
An offer to which a potential acceptor is not aware (can / can not) be accepted.
can not
A person who returns a lost dog, finding out later that a reward existed (can / can not) legally claim that reward.
can not
Agreement (offer and acceptance of specific terms) can be implied by …
conduct.
An offer cannot be revoked once …
the acts of acceptance have started.
An attemtpt to materially vary the terms of an offer, for example that for the sale of a helicopter, is a …
counter-offer
An acceptance from an unauthorised person, for example a chair of school governors with no power to act unilaterally is …
invalid.
If an acceptance of a contract is properly put in the post but never arrives …
the acceptance is nevertheless deemed to be valid.
Drugs and poisions on the shelf of a chemist’s shop are …
invitations.
Goods, including flick knives, in a shop window are …
invitations.
Adverts, including those for potected species are …
invitations
Catalogues, including those for wine are …
invitations.
Adverts offering rewards, including for the apprehension of criminals, the search for lost dogs, or in return for catching influenza are …
offers
In the overwhelming majority of cases advertisments are …
invitations.
In the overwhelming majority of cases advertisments are …
invitations.
An advertisment may only be deemed an offer under contract law if there is some element of …
reward.
Communication of revocation of an offer (is / is not) valid through a reliable third party.
is
An advertisement to hold an event, including one for an auction, is a …
statement of intent
A response to a communication over acceptable terms, for example the lowest acceptable price for a plot of land …
is not an offer capable of acceptance.
The postal rule applies only to …
acceptance, not to revocation.
A party wishing to revoke an offer, including one for the sale of tinplates which subsequently rise in value, can NOT rely on …
the postal rule.
A party must be aware of a reward in order to claim it because …
a reward is an offer, and one must be aware of an offer in order to accept it and thereby create a binding contract.
