Practice Questions Contracts Flashcards

1
Q

Distinguish between an offer and an invitation to treat.

A

An invitation to treat is an action inviting other parties to make an offer to form a contract. The distinction is important because accepting an offer creates a binding contract while “accepting” an invitation to treat is actually making an offer.

Accepting an offer creates a legally binding contract however, accepting a invitation to treat is actually making an offer. It is an invitation to negotiate or an invitation to make an offer.

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2
Q

Identify and explain the roles of the parties to a contract.

A

Offeror the person who is offering to do a deal

Offeree someone who can either accept or counter offer

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3
Q

What are the four types of contracts?

A

Period contract
Verbal contract
Written contract
Standard form contract.

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4
Q

What is a period contract?

A

A contract template that sets out the terms for a business relationship where the contractor is engaged to perform work from time to time. Gives a lot of flexibility

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5
Q

What is a verbal contract?

A

Many independent contracting arrangements use verbal contracts, which only work well if there are no disputes

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6
Q

What is a written contract?

A

A written contract helps to minimise risks as it is much safer to have something in writing than to rely on someone’s word.

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7
Q

What is a standard form contract?

A

Standard form contracts are pre-prepared contracts that are regularly used in business.

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8
Q

What does CRS stand for?

A

Contract Resolution Sevices

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9
Q

What do CRSs aim to achieve?

A

They aim to achieve a resolution through non-court routes such as Mediation, conciliation, and arbitration.

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