Offer Flashcards

1
Q

What must a valid contract contain

A

An offer

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

Who is an offer made by

A

The offeree

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

When is a contract formed

A

When the terms are accepted

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

What case would you use for the definition of an offer

A

Gibson v Manchester City Council

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

What are the 2 types of contracts

A

Bilateral and unilateral

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

What case would you use for unilateral contract

A

Carlill v Carbolic smokeball Co

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

Is the response to a question an offer

A

No

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

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

A

Harvey v Facey

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

Can offers be made by machines on behalf of companies

A

Yes

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
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
What case would you use for withdrawn at any time
Routledge v grant
26
What case would you use for withdrawn by a third party as long as the communication is clear
Dickinson v Dodds
27
What case would you use for counter offer has been made
Hyde v Wrench
28
What does counter offer mean
You do not have to accept an offer previously made that was already rejected and they have gone back to it
29
What case would you use for reasonable time has passed
Ramsgate Victoria Hotel v Montefiore
30
What case would you use for if the party dies
Reynolds v Atherton