Making A Contract

Question 0

Can there be further negotiations or discussions required from an offer?

Answer 0

No

Question 1

What is an offer?

Answer 1

An expression of willingness to contract on certain terms. It must be made with the intention that it will become binding upon acceptance.

Question 2

What is a statement of intention?

Answer 2

Where one party states he intends to do something. Unlike an offer; will do something

Question 3

What is a supply of information?

Answer 3

To enlighten the other. Not to be acted upon

Question 4

What is an invitation to treat?

Answer 4

An invitation of willingness to conduct business

Question 5

What is an example of invitation to treat?

Answer 5

The display of goods

Question 6

What must there be for a contract to be formed?

Answer 6

Acceptance of an offer. Agreement to each if the terms

Question 7

How can acceptance take place?

Answer 7

By words or conduct

Question 8

What happens if an offeree attempts to add new terms?

Answer 8

It is a counter offer. This implies a rejection of offer

Question 9

Where the offeree queries/ seeks more info, what happens?

Answer 9

Nothing. Not accepted or rejected

Question 10

What is the battle of forms?

Answer 10

Where offers are fired back and forth. The last shot wins

Question 11

When is acceptance effective?

Answer 11

Acceptance is not effective until it is communicated to the offeree.

Question 12

Can acceptance be made through silence as conduct?

Answer 12

No

Question 13

Can the offeree use a different method of acceptance is there a contract?

Answer 13

Yes. As long as the acceptable by that method is no less advantageous to the offeror.

Question 14

When is there a legal commitment?

Answer 14

When a contract has been formed. Either party can change their mind before then

Question 15

What is necessary in revocation of an offer?

Answer 15

The communication of the revocation

Question 16

Who must the communication if revocation be directed to?

Answer 16

Not the offeree. A reliable source is sufficient

Question 17

What happens when a condition if the offer is not fulfilled?

Answer 17

The offer terminates

Question 18

What is a reasonable timeframe in terms of a lapse of offer?

Answer 18

It will depend on the circumstances of the case

Question 19

What does consideration do?

Answer 19

Gives the badge of enforceability to agreements.

Question 20

When is consideration seen to have more impact?

Answer 20

Where there is a promise to do something at a later date

Question 21

What is a rebuttable presumption?

Answer 21

A presumption by the courts as to a certain state of facts until proved otherwise

Question 22

Intention…

Answer 22

Without intention to create legal relations there will be no contract

Question 23

What happens if terms cannot be determined with certainty?

Answer 23

There is no contract

Question 24

If the agreement does not contain all necessary terms

Answer 24

It will not be an enforceable contract

Question 25

What makes a contract?

Answer 25

Offer/acceptance
Consideration 
The parties intent to create legal relations
Terms are certain
Agreement is complete