contract law

Question 1

(five) elements of a contract

Answer 1

1. offer
2. acceptance
3. consideration
4. intent to create legal relations
5. performance

Question 2

unilateral contract

Answer 2

one party makes a promise.
one sided contract.
offeree can sue if there is a breach but only if offer has fulfilled what the offeror requested.

Question 3

unilateral offer (case)

Answer 3

Carlill v Carbolic Smoke Ball Co

Question 4

bilateral contract

Answer 4

usually in business.
mutual agreement between two parties.
a promise is made by one party and is accepted then performance is sought.
both parties bounded by their promises

Question 5

Trietel’s definition of an offer

Answer 5

“An expression of willingness to contract on both terms, made with the intention that it shall be binding as soon as it is accepted by the person who it is addressed.”

Question 6

invitation to treat

Answer 6

an invitation to treat is only inviting a person to make an offer that does not have to be accepted

Question 7

acceptance must be unconditional
(Hyde v Wrench)

Answer 7

any attempt to change the terms of an offer is a counter-offer, NOT acceptance

Question 8

requests for further information
(Stevenson v McClean)

Answer 8

a request for further information is not a counter-offer, and the offer can still be accepted