Formation Flashcards

Question

Communication of acceptance - Silence

Answer 1

Silence cannot amount to acceptance

Answer 2

No need for communication

Answer 3

If parties act as though there is a contract then they've accepted through behaviour

Answer 4

If the offer stipulates a particular method of acceptance then any other method used is invalid

Answer 5

Takes effect upon posting rather than delivery To apply must satisfy: - Must be stamped, addressed and posted - Must not have been excluded - Must be reasonable If these aren't met then it is accepted when they've received and read it

Answer 6

Communications within office hours = actual communication - accepted once received

Answer 7

Presumption that there is no intention to create legal relations - can be rebutted

Answer 8

Presumption that there is an intention to create legal relations - very clear words needed to rebut

Answer 9

Not generally considered to create legal relations

Answer 10

To be sufficient must be tangible, real and valuable. Doesn't have to adequately reflect the value of the promise. Doesn't just mean money. Promising to give up a liberty won't suffice

Answer 11

General rule - Promise cannot be made after an act is done Exception - 3 conditions: act must be done at promisor's request, parties must have understood at the outset that act was to be rewarded and must be legally enforceable

Answer 12

Attempt to vary price upwards - e.g need more money to complete job. General rule - simply performing an existing contractual duty owed to the other party is insufficient consideration in exchange for a promise to pay more money.

Answer 13

1) If you do something extra - exceed a contractual obligation which you owed me = good consideration for more money 2) If it confers a commercial/practical benefit

Answer 14

Price going dow - someone who owes money asks to pay a reduced amount. General rule - part payment of debt is not usually consideration for a promise to forgo balance due.

Answer 15

The party who isn't paying as much e.g wages or rent can rely on promissory estoppel - means the other party cannot revert back to full pay without notice. Will have to pay arrears/full pay going forwards but they need notice. Defence if you're being sued for full rent.

Answer 16

Normally at an auction bids = offers and fall of auctioneer's hammer = acceptance. This will create a bilateral contract between client and owner.

Answer 17

If it's stated that 'goods will be sold that day whatever price is fetched' or it's an auction without reserve, this is an offer of a unilateral contract from the auctioneer. It is a promise to sell to the highest bidder, if he doesn't auctioneer can be sued for breach of unilateral contract and claim damages.

Answer 18

An agreement between at LEAST 2 people

Answer 19

An action by one person. E.g ad. for £100 to anyone who finds your dog, you're the only one who has taken any action as no on person is specifically responsible for finding the dog

Answer 20

All 4 contract elements - offer, acceptance, intention and consideration

Answer 21

Provided a debtor gives the creditor something (other than just part payment) in return for creditor's promise to forgo balance then that something will be consideration. E.g payment in advance E.g something other than money - in addition to money

Answer 22

An offeree can bind itself by silence. A party can bind itself to a contract by silence