Chapter 3 - New Questions Flashcards

1
Q

In a bilateral contract, what is required for the contract to be enforceable?

A

A commitment from one party to complete an act.

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2
Q

What happens to an offer if the offeree makes a counter-offer?

A

The original offer is terminated.

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3
Q

What must occur for a contract to be formed if the offeror has promised to keep the offer open for a certain period?

A

The offeree must pay a sum of money or give something of value to keep the offer open.

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4
Q

If an offer is made to a group of people, what happens when one person accepts the offer?

A

The offer is terminated for everyone.

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5
Q

What must be true for an acceptance of an offer to be valid under English law?

A

It must match the terms of the offer exactly.

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6
Q

Under what condition does the ‘posting rule’ apply to an acceptance?

A

The offeror must have specified that acceptance must be communicated by post.

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6
Q

How can an acceptance be communicated if the offer specifies a particular method of acceptance?

A

The acceptance must strictly follow the specified method.

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7
Q

What happens if parties expressly state that their agreement is not intended to be legally binding?

A

The agreement is not legally binding.

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8
Q

In which situation is a promise to pay for services rendered likely to be enforceable?

A

When the services were provided with an understanding that payment would be made.

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9
Q

How can a gratuitous promise become legally binding in English law?

A

By being made under seal.

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10
Q

Which scenario illustrates the concept of ‘nominal consideration’?

A

Selling a house for a nominal fee, such as £1.

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11
Q

How did the court rule in the High Trees case regarding the reduction of rent during the wartime period?

A

The court only enforced the reduced rent for the wartime period.

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12
Q

Which contracts must be executed by deed?

A

A lease for more than three years

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13
Q

What type of contract requires a ‘note or memorandum’ in writing, but not necessarily a document created at the time of the contract?

A

Contracts of guarantee

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14
Q

Which type of contract can a minor repudiate to avoid liability?

A

A lease

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15
Q

What is the legal status of a contract for luxuries made by a minor?

A

It is not binding on the minor.

16
Q

What happens to a contract made by a chartered corporation if it is not authorized or is prohibited by the corporation’s charter?

A

The contract remains valid.

17
Q

Under the ultra vires doctrine, what can happen if a contract is beyond the powers of a statutory corporation?

A

The contract is automatically invalid and unenforceable.

18
Q

How has European legislation impacted the ultra vires rule for companies?

A

It has provided that contracts cannot be challenged on the basis of being outside the company’s powers.

19
Q

In the context of a company formed by registration under the Companies Acts, where are the powers of the company expressed?

A

In the company’s memorandum of association.

20
Q

In the case of a statutory corporation, where are its powers expressed?

A

In the statutory regulations under which it was created.

21
Q

Which of the following best describes the impact of European legislation on the ultra vires rule for companies?

A

It has reduced the impact of the ultra vires rule on the validity of contracts.