Contract Formation Flashcards
What happens first in the sequence of contract formation?
Invitation to treat
Adams-v-Lindsell (1818) set a precedent which has resulted in which common stipulation being included in contract documents?
Proof of postage is not proof of delivery?
The rule in Adams-v-Lindsell (1818) only applies to which form of communication?
Post
What can be considered valid as a consideration?
Something of at least nominal value (a pepper corn, money, a promise not to do something)
What kind of contract does not require consideration?
A deed
Name three contributors to the ‘battle of the forms’
- Counter offers
- Parties’ standard terms of purchase
- Parties standard terms of supply
When can a submitted tender be withdrawn?
Before it has been accepted
If you don’t want a discussion document to be enforceable as a contract what should you write on it?
Subject to contract
What, along with ‘offer’ and ‘acceptance’ completes the trinity test for contract formation?
Intention to create legal relations
What will generally create a legally binding contract?
Standard form contract
What do courts look for to determine whether the parties intended to create a binding contract?
What the persons said and did (objective factors)
What is the name of a contract that only comes into effect if a future event occurs?
A conditional contract
Name three types of people who cannot enter into a binding contract to buy a property?
A minor, a mentally impaired person, a dead person
In what circumstance can an offer be withdrawn?
Before it has been accepted
What is the nature of the ‘if’ contract?
An ‘if’ contract my arise to provide for payment for certain preliminary works on a construction project where the person who carried out those works does not win tender for the main project to which the preliminary works related
