Law of Contract
Offer, acceptance, consideration, vitiating factors and remedies, with classic cases. Medium difficulty.
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Which are the essential elements of a valid contract?
- Offer, signature and stamp duty only
- Offer, acceptance, consideration, intention to create legal relations and capacity
- Acceptance and payment only
- A lawyer and a written document
Goods displayed on a supermarket shelf are usually:
- An offer
- An invitation to treat
- An acceptance
- A binding contract
Which case held that the display of medicines in a self-service shop was an invitation to treat?
- Pharmaceutical Society of Great Britain v Boots Cash Chemists
- Donoghue v Stevenson
- Hadley v Baxendale
- Carlill v Carbolic Smoke Ball Co
Carlill v Carbolic Smoke Ball Co (1893) established that:
- An advert can be a unilateral offer to the whole world
- Adverts are never offers
- Consideration is not needed
- Acceptance must be in writing
To be valid, an acceptance must be:
- Conditional
- Silent
- Unconditional and match the terms of the offer
- Made by a third party
What is the effect of a counter-offer?
- It creates a contract on the original terms
- It rejects the original offer, which cannot later be accepted
- It has no effect
- It accepts the original offer
Under the postal rule, an acceptance sent by post is complete when:
- It is received
- It is posted
- It is read
- The offeror replies
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