Contract: offer and acceptance Flashcards

1
Q

What fits the following description:
* Legally binding agreement between two or more parties
* Can be in oral or written form
* Vast majority are entered into without formalities

A

Contract

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2
Q

What are the 5 essential features of a contract:

A

Offer, acceptance, consideration, ICLR, certainty

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3
Q

What is the type of contract which is:
* Must be created in the form of a deed
* Must have been made in writing
* Need only to be evidenced in writing

A

Speciality contract

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4
Q

Who is the person who proposes an offer?

A

Offeror

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5
Q

Who is the person who receives an offer?

A

Offeree

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6
Q

What is merely an invitation to negotiate?

A

ITT

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7
Q

What is Partridge v. Crittenden an example of? (advertisements)

A

ITT

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8
Q

What is Fisher v. Bell an example of? (goods on display)

A

ITT

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9
Q

Payne v Cave - auctions

A

ITT

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10
Q

Are adverts always ITT? Case name (X v X)

A

Carlill v Carbolic Smoke Ball Co

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11
Q

Termination of an offer can be done through:

A

Acceptance, rejection, counteroffer

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12
Q

Is merely asking for more information sufficient to terminate an offer? (T/F)

A

False

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13
Q

An offer may be withdrawn at any time before acceptance

A

True

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14
Q

Revocation must be communicated

A

True

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15
Q

Do offers need to be absolute, unqualified and communicated to the offeror?

A

Yes

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16
Q

Can silence alone amount to acceptance?

A

No

17
Q

What is the rule named after Adams v Lindsell?

A

Postal rule

18
Q

Can the offeror stipulate the manner of acceptance?

A

Yes

19
Q

Can you accept an offer by conduct?

A

Yes

20
Q

Does Ramsgate Victoria Hotel v Montefiore state that acceptance must be within a reasonable time?

A

Yes

21
Q

Do voidable contracts give the option to the injured party the option to affirm a contract, or avoid a contract?

A

True