3 Flashcards
Which of the following cases illustrates acceptance by conduct?
a. Carlill v Carbolic Smoke Ball Co b. Neale v Merrett c. Adams v Lindsell
a. Carlill v Carbolic Smoke Ball Co
Can an Act of Parliament imply a term into a contract?
a. Yes b. No
a. Yes
The court stated that the advertisement in Carlill v Carbolic Smoke Ball Co. was which of the following?
a. An invitation to treat
b. An offer
c. A statement of intention
d. Of no legal effect whatsoever
b. An offer
Darius texts Pip offering to sell his car to her for £2,000. Pip replies offering to buy the car for £1,500. Darius texts back ‘no way’. Pip replies by text stating she will accept the car for £2,000. Which of the following statements is correct?
a. An offer has been made by Darius and accepted by Pip
b. An offer has been made by Pip and accepted by Darius
c. Darius first statement is an invitation to treat
d. Pip’s second statement is an offer to buy the car for £2,000
d. Pip’s second statement is an offer to buy the car for £2,000
In Pharmaceutical Society of G.B. v Boots Cash Chemist Ltd. it was decided that:
a. Past consideration is no consideration
b. Goods on display in a self-service store are an invitation to treat
c. The postal rules are effective for UK letters
d. Silence cannot be acceptance
b. Goods on display in a self-service store are an invitation to treat
Which of the following is not a rule relating to acceptance of an offer?
a. Acceptance must be unconditional
b. Acceptance must be a mirror image of the offer
c. Acceptance must always be in writing
d. Acceptance must be communicated to the offeror
c. Acceptance must always be in writing
The following statements relate to the postal rule, which one is incorrect?
a. The postal rule can never be excluded from a contract
b. The postal rule can be excluded from a contract
c. Under the postal rule a letter of acceptance properly addressed and stamped is effective from the moment of posting even though it never arrives
d. The postal rule is only relevant to acceptance of an offer
a. The postal rule can never be excluded from a contract
When considering withdrawal of an offer, which of the following statements is correct?
a. Communication of withdrawal of an offer may only be by the offeror
b. Communication of withdrawal of an offer may be made by the offeror or a reliable third party
c. Once an offer has been made it can never be withdrawn
d. An offeror has one week to withdraw their offer
b. Communication of withdrawal of an offer may be made by the offeror or a reliable third party
Jake e-mails Ali offering to sell his computer for £1,000. Ali replies asking if he will accept a cheque or does he want cash? Ali’s statement will be treated as which of the following:
a. A counter offer terminating the offer made by Jake
b. A refusal of the contract
c. Acceptance of Jake’s offer
d. A request for information
d. A request for information
Gita gave police information about a jewel thief on Monday. On Tuesday she learns that the owner has offered a reward of £200 for giving information on the thief. Is the owner contractually obliged to pay Gita the reward monies?
a. No, because a party cannot accept an offer of which he has no knowledge
b. Yes, there is a unilateral contract
c. Yes, there is a bilateral contract
d. No, a person is never contractually obliged to pay reward monies
a. No, because a party cannot accept an offer of which he has no knowledge
