Offer Flashcards

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1
Q

What must a valid contract contain

A

An offer

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2
Q

What is an offer

A

A statement containing the essential terms expressed in reasonably certain terms and a statement of terms upon which one party is willing to enter into a contract with the other

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3
Q

Who is an offer made by

A

The offeree

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4
Q

Why does the offeree offer the contract

A

To enter into a legally binding agreement based on the terms set out in the offer

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5
Q

When is a contract formed

A

When the terms are accepted

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6
Q

What case would you use for the definition of an offer

A

Gibson v Manchester City Council

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7
Q

What are the 2 types of contracts

A

Bilateral and unilateral

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8
Q

What is a bilateral contract

A

Agreement between 2 parties whereby they each promise an act in exchange for the other parties act

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9
Q

What is an example of a bilateral contract

A

One party offers to pay money and the other party offers to pass ownership of the item over such as buying chocolate from a shop

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10
Q

What is a unilateral contract

A

Not an exchange of promises but rathe 1 party (the offeror) makes a promise in exchange for a specific act by another

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11
Q

What is an example of a unilateral contract

A

If you find a golden ticket to a restaurant so you win a free meal

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12
Q

What case would you use for unilateral contract

A

Carlill v Carbolic smokeball Co

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13
Q

Is the response to a question an offer

A

No

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14
Q

What case would you use for answering a question is not an offer

A

Harvey v Facey

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15
Q

Can offers be made by machines on behalf of companies

A

Yes

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16
Q

What case would you use for offers be made by machines on behalf of companies

A

Thornton v Shoe lane parking

17
Q

Who can offers be made to

A

A specific person, group of people or the world

18
Q

What case supports an offer being made to a specific person

A

Gibson v Manchester City Council

19
Q

What case supports that an offer can be made to the whole world

A

Carlill v Carbolic smokeball Co

20
Q

What must the offer be in order to be accepted

A

Clear for everybody and there must be knowledge of it

21
Q

What case would you use for what an offer should be

A

Taylor v Laird

22
Q

What is the general rule of terminating an offer

A

Offers can be withdrawn at any time before being accepted

23
Q

What case would you use as the general rule of termination

A

Routledge v grant

24
Q

What are some situations where an offer can be validly terminated

A

If its rejected, withdrawn, withdrawn by a 3rd party, reasonable time has passed, counter offer has been made, failure of conditions and death

25
Q

What case would you use for withdrawn at any time

A

Routledge v grant

26
Q

What case would you use for withdrawn by a third party as long as the communication is clear

A

Dickinson v Dodds

27
Q

What case would you use for counter offer has been made

A

Hyde v Wrench

28
Q

What does counter offer mean

A

You do not have to accept an offer previously made that was already rejected and they have gone back to it

29
Q

What case would you use for reasonable time has passed

A

Ramsgate Victoria Hotel v Montefiore

30
Q

What case would you use for if the party dies

A

Reynolds v Atherton