Offer: Has a valid offer been made?

Size: px
Start display at page:

Download "Offer: Has a valid offer been made?"

Transcription

1 Agreement Offer and acceptance based can exist between 2 or more (Clarke v Dunraven) May be necessary to look at whole agreement rather than isolate offer and acceptance (Empirnall Holdings v Machon Paul Partners) Offer: Has a valid offer been made? Offeror! person who makes offer (promisor) Offeree! person who receives offer (promisee) Expression to be bound by legally stated terms (Australian Woollen Mills v The Commonwealth) Was it to a specific class of persons? Def - Expression of willingness of another to be bound by stated terms. (Australian Woollen Mills v The Commonwealth) Mere statement of a price of which someone would contract should they decide to sell is not an offer (Harvey v Facey) Courts will consider likely effect upon potential customer to determine if offer (Carlill v Carbolic Smoke Ball Co.) Court to interpret parties words objectively not subjectively (Taylor v Johnson) Not what parties meant, but what third party would view words as Standing Offers " Offer to supply goods for a period up to a certain amount as required o Every time order placed is an independent contract o Standing offer can be withdrawn at any time prior to acceptance o Once revoked no further acceptances valid unless offer is renewed (Great Northern Railway v Witham) Or Invitations to Treat: Or was the statement an invitation to treat? Advertisements in catalogues for goods are generally ITT s (Grainger v Gough) o In newspapers (Partridge v Crittenden) o However if certain and not open ended it is an offer (Carlill v Carbolic Smoke Ball Co) Goods displayed in shops (Fisher v Bell) Announcement inviting tenders unless indicated lower tender will be accepted (Cf. Blackpool & Flyde Aero Club v Blackpool Council) Auctioneers request for bids (Payne v Cave) o If without a reserve price then the highest bidder must be accepted and it is therefore an offer (Warlow v Harrison) Advertisement of an auction sale (Harris v Nickerson)

2 Call for tenders is an invitation to treat (Spencer v Harding) In instance of submitted tenders, each person is submitting an offer which selling party is free to accept or reject (Spencer v Harding) When call for tenders includes indication that best tender will be accepted, call is construed as an offer (Spencer v Harding) Time limits are not binding on invitations to treat Communication of the Offer: Was the offer communicated to the offeree? Can be made to world at large (Carlill v Carbolic Smoke Ball Co) Offer effective when communicated, and not until it is communicated to the offeree (Taylor v Laird) Within terms of offer the offeror may set the method of communication of acceptance (HBF Dalgety v Morton) Offeror can waive communication of acceptance, must be shown that: o Express or implied intimation from offeror that particular mode of acceptance will suffice- particular mode does not involve communication o Must be some over act or conduct on part of offeree which evidences intention to accept and conforms to mode of acceptance indicated (Carlill v Carbolic Smoke Ball Co) Termination of Offer: Can be terminated at any time prior to acceptance, Once offer is accepted it is irrevocable (Great Northern Railway Co v Witham) Where offer takes form of an option (consideration to keep offer open), it cannot be terminated before the time of the option has expired (Goldsborough Mort v Quinn) Option to renew lease at a rental to be agreed is unenforceable (Randazzo v Goulding) Withdrawal by Offeror: Can be freely revoked prior to acceptance unless offeror promised to keep it open for a fixed period is supported by consideration or under seal (Routledge v Grant) Revocation ineffective until communicated and received by offeree (Byrne & Co v Leon Van Tienhoven & Co) When person does not communicate revocation and one party accepts, after a further party has purchased the item, results in seller only being able to perform one contract and being liable for breach of other (Patterson v Dolman) In case of unilateral contract, offer cannot be withdrawn after promisee has begun to perform conditions to enable acceptance (Errington v Errington) Communication by a 3 rd party is sufficient if offeree as a reasonable person would know that offer is revoked (Dickenson v Dodds) o Must be communication by reliable 3 rd party o Either party may select trusted agent to communicate (Cole v Cottingham) Rejection by Offeree: (Stevenson Jaques & Co v McLean)

3 Lapse of Time: Must be accepted within time specified, if no time is prescribed then within reasonable time (Ramsgate Victoria Hotel Co v Montefiore) Reasonable time is question of fact depending on circumstances take into account nature of subject matter and means used to communicate offer (Buckley J in Manchester Diocesan Council for Education v Commercial and General Investments Ltd) Failure of condition subject to which offer was made (McCaul (Aust) Pty Ltd v Pitt Club Ltd) Death: Offeree cannot accept offer after being notified of death of offeror (Coulthart v Clementson) If offeree dies, a personal representative cannot accept the offer on behalf of offeree, offer lapses automatically (Reynolds v Atherton) Acceptance: Was the offer accepted? Expression by words or conduct, of willingness to be bound by terms of offer (HBF Dalgety v Morton) Requirements: Person cannot accept offer which has not been communicated (Taylor v Laird) Two requirements for acceptance to be valid: o Offeree must intend to accept terms of the offer " Acceptance must be unqualified and correspond to terms of offer. It appears that there is no contract if two offer, identical in terms, cross in post neither can be construed as acceptance of other, despite unanimity of mind (Tinn v Hoffman & Co) " Acceptance must be in reliance of the offer, rather than for some other reason (R v Clarke) o Intention to accept must be communicated to the offeror. Acceptance of Offer Terms: Counter-offer: Where a person purports to accept an offer but introduces new terms, no contract is made. Offeree refuses the offer and makes own counter-offer. (Butler Machine Tool Co. Ltd v Ex-Cell-O Corporation (Eng) Ltd) Counter-offer is not acceptance, but causes original offer to terminate. Original offer may not be accepted unless it is renewed (Hyde v Wrench) Purported acceptance that departs from terms of offer but only in minor, non-material way may be effective and not amount to a counter-offer (Turner Kempson v Camm) Mere enquiry will not amount to acceptance and will not cause offer to terminate (Stevenson Jaques v McLean) Acceptance may be effective even when new term is added where it is clear offeree intends to be bound irrespective of whether new term is agreed upon by other party (JB Rogers Ltd v Lesnie)

4 Conditional Acceptance: Conditional assent is not acceptance. Where offer is accepted subject to preparation of formal contract or is subject to contract, there is no binding contract until formal contract is executed (Masters v Cameron) Communication of Acceptance: Acceptance has no effect until communicated to the offeror (Byrne & CO v Leon Van Tienhoven & Co) In case of instantaneous communication, acceptance not complete until communicated and received by offeror (Entores v Miles Far East Corp) Telephone is instantaneous form of communication (Reese Bros Plastics v Hamon-Solbeco Australia) Acceptance may be communicated only by offeree or their agent (Powell v Lee) Silence is not acceptance (Empirnall Holdings v Machon Paull) Offeror may waive need for acceptance to be communicated (Carlill v Carbolic Smoke Ball Co) Where no method of communication is prescribed, the method to be adopted will depend upon nature of offer and method of communication used to make offer. Court will look at surrounding circumstances to determine what is a reasonable method. Rule that acceptance must be communicated and is incomplete until it is received by offeror applies to contracts made when parties are in presence of each other or are using instantaneous forms of communication (Hampstead Meats v Emerson & Yates) Postal Acceptance Rule: As the postal acceptance rule was Within contemplation of parties, post would be used as method of communication, or post was prescribed by offeror as method of acceptance, the postal acceptance rule shall apply (Adam v Lindsell) Acceptance is complete once letter is properly posted, immaterial that it is later delayed or lost in post (Henthorn v Fraser)

5 Certainty: Was the offer certain? Ambiguity of individual terms: Parties must express themselves so that their meaning can be determined with a reasonable degree of certainty (Scammel v Ouston) Capable of more than one meaning does not make it void (Hillas v Arcos) Onus on P to demonstrate validity of clause (Falck v Williams) Contract has been partly executed, court will seek to imply necessary terms (Hall v Busst) Agreements to negotiate: Terms sufficiently certain, agreement to negotiate may be enforceable (Coal Cliff Collieries v Sijehama) If clear parties have gone beyond stage of negotiation and intended to be contractually bound, court will more likely imply term and enforce contract (Hillas v Arcos) Saving ambiguous or meaningless contracts: No contract unless what parties agreed can be determined objectively with reasonable degree of certainty (Hall v Bust) No agreement if parties leave major part to be determined by future agreement (May & Butcher v R) Whether agreement to negotiate is regarded only as agreement to agree, and unenforceable will depend on terms. If terms are sufficiently certain, agreement to negotiate may be enforceable (Caledonian Cliff Collieries Pty Ltd v Sijehama Pty Ltd) Contract which is uncertain or contains uncertain terms may be upheld if court can use some mechanism to give meaning Agreement to agree in future is incomplete (Biotechnology Aust v Pace) Agreement whereby terms are to be determined by third party is complete (Godecke v Kirwan) It is not certain whether an agreement whereby one of the parties to the contract is empowered to insert further terms in the contract is complete (Godecke v Kirwan) An agreement subject to finance is complete (Meehan v Jones) Intent to create Legal Relations: Was there intent to create legal relations? To create contract must be common intention of parties to enter into legal obligations, mutually communicated expressly or impliedly (Rose and Frank Co v JR Crompton & Bros Ltd) Objective test for whether parties intended legal relations. Whether a reasonable person would regard agreement as intended to be binding (Merritt v Merritt) Assumption that in a commercial situation there is intent (Skyways v Edwards) Cannot be easily rebutted.

AGREEMENT = OFFER + ACCEPTANCE + CERTAINTY Clarke v Duncan

AGREEMENT = OFFER + ACCEPTANCE + CERTAINTY Clarke v Duncan CONTRACTS A AGREEMENT = OFFER + ACCEPTANCE + CERTAINTY Clarke v Duncan Offeror: Person who makes the offer (Promisor) Offeree: Person who receives the offer (Promisee) (accepts) 1. Was (insert method of

More information

the parties had dealt with each other before and were well acquainted with the timber industry

the parties had dealt with each other before and were well acquainted with the timber industry Formation of a Contract To start with it needs to be identified whether and which party is alleging a contract. For a contract to be valid it must be: 1.! An agreement 2.! Contractual intention 3.! Consideration

More information

Table of Content - Commercial Law. Year End Examination Notes

Table of Content - Commercial Law. Year End Examination Notes Table of Content - Commercial Law Year End Examination Notes Chapter 4: Contract: Offer & Acceptance... 2 Chapter 5: Intention & Consideration... 7 Chapter 6: Express Terms of the Contract... 12 Chapter

More information

PRINCIPLES OF CONTRACTUAL LIABILITY 1.1. AGREEMENT TEMPLATE: CERTAINTY TEMPLATE:... Error! Bookmark not defined.

PRINCIPLES OF CONTRACTUAL LIABILITY 1.1. AGREEMENT TEMPLATE: CERTAINTY TEMPLATE:... Error! Bookmark not defined. PRINCIPLES OF CONTRACTUAL LIABILITY 1. FORMATION OF CONTRACT:... 2 1.1. AGREEMENT TEMPLATE:... 2 1.2. CAPACITY TEMPLATE:... = Error! Bookmark not defined. 1.3. INTENTION TEMPLATE: (objective test)... Error!

More information

Business Law - Contract Law Study Notes

Business Law - Contract Law Study Notes Business Law - Contract Law Study Notes Comprehensive unit study notes as per Victoria University. 1 Table of Contents Note topic Content page Full semester notes 3-49 How to write IRAC 50-51 response

More information

CHAPTER 1. The question requires a discussion of the law with regard to offer an acceptance. For a contract to be valid it must be:

CHAPTER 1. The question requires a discussion of the law with regard to offer an acceptance. For a contract to be valid it must be: CHAPTER 1 property of 1stclasslawnotes lawstoreuk Formation Formation of Contract The question requires a discussion of the law with regard to offer an acceptance. For a contract to be valid it must be:

More information

Contracts Final Exam Notes Formation of a contract What is a contract MUST Offer REASONABLE PERSON Acceptance

Contracts Final Exam Notes Formation of a contract What is a contract MUST Offer REASONABLE PERSON Acceptance Contracts Final Exam Notes Formation of a contract What is a contract - Binding promise between two or more parties, reliant upon several important factors - Offer - Acceptance - Consideration - Certainty

More information

Topic One Agreement (Offer).

Topic One Agreement (Offer). Topic One Agreement (Offer). Introduction: Central requirement of a contract is the existence of an agreement between two parties concerning the promise in question. Nature of an agreement: Agreement is

More information

Business Law & Ethics notes Lec Lecture topic Topic s covered Text book refs. constitution expansion of power interpreting power

Business Law & Ethics notes Lec Lecture topic Topic s covered Text book refs. constitution expansion of power interpreting power Business Law & Ethics notes Lec Lecture topic Topic s covered Text book refs 1 law, morality and philosophical views of ch 1 meaning of eithics law 2 the source of laws governing constitution expansion

More information

Introduction. 1 P age

Introduction. 1 P age Introduction (a) Definition of a contract: Pollock: a promise or set of promises which the law will enforce Treitel: a contract is an agreement giving rise to obligations which are enforced or recognised

More information

Contracts. 2. Parties to the contract a) Capacity b) Privity

Contracts. 2. Parties to the contract a) Capacity b) Privity Contracts 1. Formation of a contract a) Agreement Offer b) Agreement Acceptance c) Consideration d) Intention e) Certainty/completeness f) Promissory estoppel 2. Parties to the contract a) Capacity b)

More information

Contracts Summary Notes

Contracts Summary Notes Contracts Summary Notes TOPIC ONE: AGREEMENT- OFFER AND ACCEPTANCE There are 4 elements of a contract: Agreement, consideration, intention to create legal relations and certainty The above are all required

More information

Emily M. Weitzenboeck, 2012 Norwegian Research Center for Computers & Law

Emily M. Weitzenboeck, 2012 Norwegian Research Center for Computers & Law What is acceptance? i. The final and unconditional expression of consent to offer ii. made in response to offer iii. exactly matching terms of offer iv. communicated to offeror. Element (i): final and

More information

Sources of Australian Contract Law Common law (Judge-made law found in UK and Australian Legal cases) Statutory Law (i.e ACL, Sale of Goods Act)

Sources of Australian Contract Law Common law (Judge-made law found in UK and Australian Legal cases) Statutory Law (i.e ACL, Sale of Goods Act) Week 7 Introduction to Contract Law CONTRACT: o An AGREEMENT between TWO OR MORE PARTIES giving rise to LEGAL OBLIGATIONS which are enforced or recognised by law CONTRACT vary in complexity and size: o

More information

ESSENTIAL CONTRACT LAW SECOND EDITION. London Sydney. Cavendish Publishing Limited

ESSENTIAL CONTRACT LAW SECOND EDITION. London Sydney. Cavendish Publishing Limited ESSENTIAL CONTRACT LAW SECOND EDITION CP Cavendish Publishing Limited London Sydney Titles in the series: Company Law Constitutional & Administrative Law Contract Law Criminal Law EC Law English Legal

More information

ACCEPTANCE JMM KLELC 25/10/17 1

ACCEPTANCE JMM KLELC 25/10/17 1 ACCEPTANCE 1 1. Definition of acceptance 2. Communication of acceptance 3. External manifestation of acceptance than mere preparedness to accept. 4. Communication of acceptance by the offeror only 5. Communication

More information

The Objective Principle of a Promise... 2 Intention to Create Legal Relations... 4 Offer and Acceptance... 5

The Objective Principle of a Promise... 2 Intention to Create Legal Relations... 4 Offer and Acceptance... 5 1 Contents The Objective Principle of a Promise... 2 Intention to Create Legal Relations... 4 Offer and Acceptance... 5 Offer vs. Invitation to Treat... 5 Termination/Lapse of Offer... 6 Acceptance of

More information

Contracts 1! Semester Contracts 1 LAWS1071. Rose! 1! Vassel

Contracts 1! Semester Contracts 1 LAWS1071. Rose! 1! Vassel Contracts 1 LAWS1071 Rose! 1! Vassel AGREEMENT: OFFER The Basis of Contracts 1. Offer + acceptance +communication = agreement 2. Consideration 3. Intention to be legally bound 4. Certainty Agreement pg.

More information

Contract Basic. Traditional elements for liability of breach of contract A claim for breach of contract will succeed if it is shown that:

Contract Basic. Traditional elements for liability of breach of contract A claim for breach of contract will succeed if it is shown that: Previous course of dealing may verify a term: Hardwick Game Implied term test: BP Refiner, applied in Codelfa term implied in custom/trade usage test: Con-Stan Industries Exclusion clause: Darlington Futures

More information

MLL111- Exam Notes Contract Law (All Topics + Cases)

MLL111- Exam Notes Contract Law (All Topics + Cases) 1 MLL111- Exam Notes Contract Law (All Topics + Cases) 2 Contents Page Page 8: Formation of Contracts Offer and Acceptance Page 9: Acceptance Communication of Acceptance: Waiver Silence Page 10: Acceptance

More information

LAW OF CONTRACT (PART I) Shanila H. Gunawardena LL.B. (Hons.) (Colombo) Attorney-at-Law, CTA (CASL)

LAW OF CONTRACT (PART I) Shanila H. Gunawardena LL.B. (Hons.) (Colombo) Attorney-at-Law, CTA (CASL) LAW OF CONTRACT (PART I) Shanila H. Gunawardena LL.B. (Hons.) (Colombo) Attorney-at-Law, CTA (CASL) 30-07-2017 MAIN COMPONENTS OF A CONTRACT 1. Intention to create legal relations 2. Agreement between

More information

LLB120 NOTES !!!!!!!!!!!!!!

LLB120 NOTES !!!!!!!!!!!!!! LLB120 NOTES!!!!!!!!!!!!!! Contents Contract Formation 5 Agreement 5 Offer 6 Willingness to be bound without further negotiation 6 Gibson v Manchester 6 Carlill v Carbolic Smoke Ball Company 7 Pharmaceutical

More information

Foundation Level LAW PRACTICE MANUAL

Foundation Level LAW PRACTICE MANUAL Chapter 2:- Offer and Acceptance 2.1 Definition And Essential Elements Of A VALID OFFER 1. The term 'offer or proposal' in legal terms, is defined in (a) Section 2 (a) (b) Section 2 (b) (c) Section 2 (i)

More information

CONTRACT LAW EXAM NOTES

CONTRACT LAW EXAM NOTES What is a contract? CONTRACT LAW EXAM NOTES Topic 1: The Nature and Importance of Contract Law A contract is a legally binding promise or agreement. A promise of agreement is not legally binding and enforceable

More information

LEVEL 3 - UNIT 2 CONTRACT LAW SUGGESTED ANSWERS - JUNE 2011

LEVEL 3 - UNIT 2 CONTRACT LAW SUGGESTED ANSWERS - JUNE 2011 Note to Candidates and Tutors: LEVEL 3 - UNIT 2 CONTRACT LAW SUGGESTED ANSWERS - JUNE 2011 The purpose of the suggested answers is to provide students and tutors with guidance as to the key points students

More information

Contracts Professor Keith A. Rowley William S. Boyd School of Law University of Nevada Las Vegas Spring Contract Formation

Contracts Professor Keith A. Rowley William S. Boyd School of Law University of Nevada Las Vegas Spring Contract Formation Contracts Professor Keith A. Rowley William S. Boyd School of Law University of Nevada Las Vegas Contract Formation I. Foundations A. Mutual Assent: Each party to a contract manifests its assent to the

More information

TOPIC 1: AGREEMENT Lucy v Zehmer (1954) 84 SE 2d 516). ACCC v CG Berbatis Holdings Pty Ltd (2003) 214 CLR 51) However: Smith v Hughes

TOPIC 1: AGREEMENT Lucy v Zehmer (1954) 84 SE 2d 516). ACCC v CG Berbatis Holdings Pty Ltd (2003) 214 CLR 51) However: Smith v Hughes 1 TOPIC 1: AGREEMENT An agreement is an understanding between two parties that one of them will do something, or will promise to do, in return for the other doing something, or promising to do so Requires

More information

LAW OF CONTRACT. LPAB Winter 2017 Week 2. Alex Kuklik

LAW OF CONTRACT. LPAB Winter 2017 Week 2. Alex Kuklik LAW OF CONTRACT LPAB Winter 2017 Week 2 Alex Kuklik Formation of contract Lecture 2 The Fact of Agreement: Acceptance Acceptance generally Text: Radan & Gooley, Chapter 4 (paras 4.74-4.121) R v Clarke

More information

LEVEL 3 - UNIT 2 CONTRACT LAW SUGGESTED ANSWERS - JUNE 2013

LEVEL 3 - UNIT 2 CONTRACT LAW SUGGESTED ANSWERS - JUNE 2013 Note to Candidates and Tutors: LEVEL 3 - UNIT 2 CONTRACT LAW SUGGESTED ANSWERS - JUNE 2013 The purpose of the suggested answers is to provide students and tutors with guidance as to the key points students

More information

70211 CONTRACTS FINAL EXAM

70211 CONTRACTS FINAL EXAM 70211 CONTRACTS FINAL EXAM 1 2 ANSWERING PROBLEM QUESTIONS RULE OF THUMB: when answering problem questions, start with common law first then move into equity to see if there is an equitable remedy. ELEMENTS

More information

LEVEL 3 - UNIT 2 CONTRACT LAW SUGGESTED ANSWERS JANUARY 2016

LEVEL 3 - UNIT 2 CONTRACT LAW SUGGESTED ANSWERS JANUARY 2016 Note to Candidates and Tutors: LEVEL 3 - UNIT 2 CONTRACT LAW SUGGESTED ANSWERS JANUARY 2016 The purpose of the suggested answers is to provide students and tutors with guidance as to the key points students

More information

THE CYPRUS INSTITUTE OF MARKETING DMM COMMERCIAL LAW

THE CYPRUS INSTITUTE OF MARKETING DMM COMMERCIAL LAW THE CYPRUS INSTITUTE OF MARKETING DMM COMMERCIAL LAW INTRODUCTION 18 LECTURES CIM BOOKLET + TEXT BOOK ATTENDANCE CONTACT yangos@cima.ac.cy COURSE ASSESSMENT 1. ASSIGNMENT No1. 7.5 % 2. ASSIGNEMENT No2.

More information

LEVEL 3 - UNIT 2 CONTRACT LAW SUGGESTED ANSWERS - JANUARY 2014

LEVEL 3 - UNIT 2 CONTRACT LAW SUGGESTED ANSWERS - JANUARY 2014 Note to Candidates and Tutors: LEVEL 3 - UNIT 2 CONTRACT LAW SUGGESTED ANSWERS - JANUARY 2014 The purpose of the suggested answers is to provide students and tutors with guidance as to the key points students

More information

Foundation Level LAW PRACTICE MANUAL

Foundation Level LAW PRACTICE MANUAL Part: - 1 The Indian Contract Act, 1872 Chapter 1:- Nature and Kinds of Contracts 5. The general principles of law of contract applied to all kinds of contract irrespective of their nature. (a) True, as

More information

Contract Week 1 Offer

Contract Week 1 Offer Contract Week 1 Offer What is a contract An agreement or set of promises that the law will enforce. There must always be AT LEAST one promise involved to form a contract. Elements of Contract: Agreement

More information

FACULTY OF LAW LAWS5002 CONTRACTS

FACULTY OF LAW LAWS5002 CONTRACTS FACULTY OF LAW LAWS5002 CONTRACTS PART 2: OFFER AND ACCEPTANCE CONSIDERATION ESTOPPEL AND ITS EFFECT ON CONSIDERATION INTENTION TO CREATE LEGAL RELATIONS CONTRACTS REQUIRING WRITTEN EVIDENCE 1 PART 2 -

More information

Negligence 1. Duty of Care 2. Breach of duty of care p 718 c) p 724

Negligence 1. Duty of Care 2. Breach of duty of care p 718 c) p 724 Negligence 1. Duty of Care Donoghue v Stevenson [1932] AC 562 - a duty of care could exist in any situation where loss, damage or injury to one party was reasonable foreseeable (foreseeable harm) - the

More information

LEVEL 3 - UNIT 2 LAW OF CONTRACT SUGGESTED ANSWERS - JUNE 2014

LEVEL 3 - UNIT 2 LAW OF CONTRACT SUGGESTED ANSWERS - JUNE 2014 Note to Candidates and Tutors: LEVEL 3 - UNIT 2 LAW OF CONTRACT SUGGESTED ANSWERS - JUNE 2014 The purpose of the suggested answers is to provide students and tutors with guidance as to the key points students

More information

CONTACT LAW. Contract Law: Creating contract Lesson: Offer and acceptance

CONTACT LAW. Contract Law: Creating contract Lesson: Offer and acceptance CONTACT LAW Contract Law: Creating contract Lesson: Offer and acceptance 1 Introduction Every one of us enters into many contracts throughout our lives. If you buy a muffin, if you rent an apartment, if

More information

LEVEL 3 - UNIT 2 CONTRACT LAW SUGGESTED ANSWERS - JANUARY 2013

LEVEL 3 - UNIT 2 CONTRACT LAW SUGGESTED ANSWERS - JANUARY 2013 Note to Candidates and Tutors: LEVEL 3 - UNIT 2 CONTRACT LAW SUGGESTED ANSWERS - JANUARY 2013 The purpose of the suggested answers is to provide students and tutors with guidance as to the key points students

More information

CONTRACT LAW. What is a contract? A promise or set of promises that is legally binding. Why is contract so important? Contract forms the basis for

CONTRACT LAW. What is a contract? A promise or set of promises that is legally binding. Why is contract so important? Contract forms the basis for CONTRACT LAW What is a contract? A promise or set of promises that is legally binding Why is contract so important? Contract forms the basis for - Commercial transactions - Consumer transactions; and o

More information

7/23/2010. The. Contract. Sources of contractual obligations

7/23/2010. The. Contract. Sources of contractual obligations Law for Spatial Designers Introduction to the Law of Contract Module 3 Topic 1 Sources of contractual obligations Obligations imposed by law and equity The Contract Statutory obligations The obligations

More information

THE LAW OF CONTRACT LECTURE 1 - FORMATION OF A CONTRACT; OFFER AND INVITATION TO TREAT.

THE LAW OF CONTRACT LECTURE 1 - FORMATION OF A CONTRACT; OFFER AND INVITATION TO TREAT. THE LAW OF CONTRACT LECTURE 1 - FORMATION OF A CONTRACT; OFFER AND INVITATION TO TREAT. KEY POINTS: To have a binding contract you must have an offer and an acceptance. An offer must be sufficiently certain

More information

Cambridge International Examinations Cambridge International Advanced Subsidiary and Advanced Level. Published

Cambridge International Examinations Cambridge International Advanced Subsidiary and Advanced Level. Published Cambridge International Examinations Cambridge International Advanced Subsidiary and Advanced Level LAW 9084/32 Paper 3 MARK SCHEME Maximum Mark: 75 Published This mark scheme is published as an aid to

More information

Week 4: Intention and Certainty

Week 4: Intention and Certainty Week 4: Intention and Certainty Contract Law Intention - A contract can only be enforceable if the parties intended by that agreement to create legal relations. - This is tested objectively would a reasonable

More information

CONTRACT LAW. Elements of a Contract

CONTRACT LAW. Elements of a Contract CONTRACT LAW Contracts: Types and Sources in Australia CONTRACT: An agreement concerning promises made between two or more parties with the intention of creating certain legal rights and obligations upon

More information

1.2 Explain the legal requirements for the formation of an enforceable contract. 1.3 Explain the factual indicators of the existence of agreement.

1.2 Explain the legal requirements for the formation of an enforceable contract. 1.3 Explain the factual indicators of the existence of agreement. Unit 2 Title: Contract Law Level: 3 Credit Value: 7 Learning outcomes The learner will: 1 Understand the concept of contract. 2 Understand the rules for establishing whether a valid offer and acceptance

More information

MARK SCHEME for the October/November 2015 series 9084 LAW. 9084/31 Paper 3, maximum raw mark 75

MARK SCHEME for the October/November 2015 series 9084 LAW. 9084/31 Paper 3, maximum raw mark 75 CAMBRIDGE INTERNATIONAL EXAMINATIONS Cambridge International Advanced Level MARK SCHEME for the October/November 2015 series 9084 LAW 9084/31 Paper 3, maximum raw mark 75 This mark scheme is published

More information

G156/RM. LAW Law of Contract Special Study. Thursday 23 June 2011 Afternoon ADVANCED GCE SPECIAL STUDY MATERIAL

G156/RM. LAW Law of Contract Special Study. Thursday 23 June 2011 Afternoon ADVANCED GCE SPECIAL STUDY MATERIAL ADVANCED GCE LAW Law of Contract Special Study G16/RM SPECIAL STUDY MATERIAL *G127770611* Thursday 23 June 11 Afternoon Duration: 1 hour 30 minutes INSTRUCTIONS TO CANDIDATES This is a clean copy of the

More information

Elements. In order to be enforceable, an agreement must be sufficiently certain. The requirement that a contract be certain has three aspects:

Elements. In order to be enforceable, an agreement must be sufficiently certain. The requirement that a contract be certain has three aspects: PART VII CERTAINTY I THE CERTAINTY REQUIREMENT A Elements In order to be enforceable, an agreement must be sufficiently certain. The requirement that a contract be certain has three aspects: 1 The contract

More information

CERTIFIED INVESTMENT AND FINANCIAL ANALYSTS PART TWO SECTION STUDYNOTES

CERTIFIED INVESTMENT AND FINANCIAL ANALYSTS PART TWO SECTION STUDYNOTES CERTIFIED INVESTMENT AND FINANCIAL ANALYSTS PART TWO SECTION STUDYNOTES REGULATION OF FINANCIAL MARKETS 1 CONTENT CHAPTER ONE PAGE Application of the law of contract in financial markets...5 - Definition

More information

GCE Law. Mark Scheme for June Unit G156: Law of Contract Special Study. Advanced GCE. Oxford Cambridge and RSA Examinations

GCE Law. Mark Scheme for June Unit G156: Law of Contract Special Study. Advanced GCE. Oxford Cambridge and RSA Examinations GCE Law Unit G156: Law of Contract Special Study Advanced GCE Mark Scheme for June 2017 Oxford Cambridge and RSA Examinations OCR (Oxford Cambridge and RSA) is a leading UK awarding body, providing a wide

More information

The Kinds of Promises Legally Enforced

The Kinds of Promises Legally Enforced The Kinds of Promises Legally Enforced Offers There can be serious consequences if an offer is found to be legally binding. In Denton a railway schedule was found to be a unilateral contract, and thus

More information

OVERVIEW OF CONTRACT LAW

OVERVIEW OF CONTRACT LAW OVERVIEW OF CONTRACT LAW Liability is generally the key issue in regards to contractual disputes. Purpose of K law is to provide the rules which determine when one party is liable to another under or in

More information

Enforceable Contracts: Intention To Create Legal Relations

Enforceable Contracts: Intention To Create Legal Relations 1194 Entrepreneurship Vision 2020: Innovation, Development Sustainability, and Economic Growth Enforceable Contracts: Intention To Create Legal Relations Nik Malini Nik Mahdi, Universiti Malaysia Kelantan,

More information

Options Tickets Termination of the Offer Revocation Rejection Counter-Offer Lapse Acceptance...

Options Tickets Termination of the Offer Revocation Rejection Counter-Offer Lapse Acceptance... Table of Contents Definition... 15 What is a Contract?... 15 Key Elements... 15 Promise... 15 Capable persons... 15 Obligation... 15 Enforceable... 15 Definitions... 16 Theories of Contract Law... 16 Classical

More information

Contract Law. 2. Contract formation: a) mutual assent: offer & acceptance b) consideration: need to have an exchange of something.

Contract Law. 2. Contract formation: a) mutual assent: offer & acceptance b) consideration: need to have an exchange of something. Contract Law Jan 18th, 2012: 1. Sources of law: -statutory law: United Commercial Code, uniformed state law; (only for sales of goods, does not require parties to be merchants) -common law; -restatement:

More information

Contents. Table of cases. Introduction

Contents. Table of cases. Introduction Table of cases Contents Introduction 1. The Making of a Contract 17 The nature of contracts-unilateral and bi-lateral ` 18 The notion of offer and acceptance 18 The invitation to treat 19 Offers of sale

More information

CONTRACT. 1. DEFINITION 2.1 Books 2.2 Decided Cases. 2. CONCEPT 3.1 Freedom 3.2 Certainty Of Contract

CONTRACT. 1. DEFINITION 2.1 Books 2.2 Decided Cases. 2. CONCEPT 3.1 Freedom 3.2 Certainty Of Contract CONTRACT LAW 1. DEFINITION 2.1 Books 2.2 Decided Cases CONTRACT 2. CONCEPT 3.1 Freedom 3.2 Certainty Of Contract 3. Types Of Contract 4.1 Unilateral 4.2 Bilateral 4.3 Collateral 4. ELEMENT OF CONTRACT

More information

THIS CHAPTER COMPRISES OF

THIS CHAPTER COMPRISES OF Star Rating On the basis of Maximum marks from a chapter On the basis of Questions included every year from a chapter On the basis of Compulsory questions from a chapter CHAPTER Nil Nil 1 THIS CHAPTER

More information

THE TRUE CONCEPTION OF UNILATERAL CONTRACTS

THE TRUE CONCEPTION OF UNILATERAL CONTRACTS Yale Law Journal Volume 26 Issue 2 Yale Law Journal Article 4 1916 THE TRUE CONCEPTION OF UNILATERAL CONTRACTS I. MAURICE WORMSER Follow this and additional works at: http://digitalcommons.law.yale.edu/ylj

More information

Cambridge International Examinations Cambridge International Advanced Subsidiary and Advanced Level. Published

Cambridge International Examinations Cambridge International Advanced Subsidiary and Advanced Level. Published Cambridge International Examinations Cambridge International Advanced Subsidiary and Advanced Level LAW 9084/31 Paper 3 October/November 2016 MARK SCHEME Maximum Mark: 75 Published This mark scheme is

More information

Title: Formation of Contract Subject: Law Type of Paper: Assignment Words: 4179

Title: Formation of Contract Subject: Law Type of Paper: Assignment Words: 4179 P a g e 1 Title: Formation of Contract Subject: Law Type of Paper: Assignment Words: 4179 OFFER. A communication is treated as an offer if it indicates the terms on which the offeror is prepared to make

More information

a) The body of law as made by judges through the determination of cases. d) The system of law that emerged following the Norman Conquest in 1066.

a) The body of law as made by judges through the determination of cases. d) The system of law that emerged following the Norman Conquest in 1066. 1. Who of the following was NOT a proponent of natural law? a) Aristotle b) Jeremy Bentham c) St Augustine d) St Thomas Aquinas 2. The term 'common law' has three different meanings. Which of the following

More information

9084 LAW 9084/03 Paper 3, maximum raw mark 75

9084 LAW 9084/03 Paper 3, maximum raw mark 75 UNIVERSITY OF CAMBRIDGE INTERNATIONAL EXAMINATIONS GCE Advanced Level MARK SCHEME for the May/June 2009 question paper for the guidance of teachers 9084 LAW 9084/03 Paper 3, maximum raw mark 75 This mark

More information

LAW OF CONTRACT I IN TANZANIA

LAW OF CONTRACT I IN TANZANIA Moshi Co-operative University From the SelectedWorks of MWAKISIKI MWAKISIKI Summer April 9, 2017 LAW OF CONTRACT I IN TANZANIA MWAKISIKI MWAKISIKI, Moshi Co-operative University This work is licensed under

More information

Contract law LAWS1015

Contract law LAWS1015 Contract law Contents Contents... 1 1 Introduction... 2 A Introduction... 2 B Freedom of contract?... 2 2 Agreement... 6 A Offer and acceptance... 6 B Consideration... 17 C Estoppel and its effect on consideration...

More information

Chapter 9: Contract Formation. Copyright 2009 South-Western Legal Studies in Business, a part of South-Western Cengage Learning.

Chapter 9: Contract Formation. Copyright 2009 South-Western Legal Studies in Business, a part of South-Western Cengage Learning. Chapter 9: Contract Formation a Copyright part of South-Western 2009 South-Western Cengage Legal Learning. Studies Business, Introduction is a declaration that something will or will not happen in the

More information

JANHIT COLLEGE OF LAW

JANHIT COLLEGE OF LAW Q. Define contract? Discuss the essential elements of a valid contract? (Or) Law of contract is not the whole of law of agreement or whole law of obligation. Discuss enumerating the essentials of a valid

More information

Chinese Contract Law: A Brief Introduction. ZHANG Xuezhong. Assistant Professor of Law.

Chinese Contract Law: A Brief Introduction. ZHANG Xuezhong. Assistant Professor of Law. Chinese Contract Law: A Brief Introduction ZHANG Xuezhong Assistant Professor of Law zhangxuezhong@ecupl.edu.cn East China University of Politics and Law Overview 1. In General 2. Principles of Chinese

More information

Friday 16 June 2017 Afternoon

Friday 16 June 2017 Afternoon Oxford Cambridge and RSA Friday 16 June 17 Afternoon A2 GCE LAW G6/01/RM Law of Contract Special Study SPECIAL STUDY MATERIAL *67034* Duration: 1 hour 30 minutes INSTRUCTIONS TO CANDIDATES This is a clean

More information

Principles of European Contract Law

Principles of European Contract Law Article 1:101: Application of the Principles Principles of European Contract Law CHAPTER 1: GENERAL PROVISIONS Section 1: Scope of the Principles (1) These Principles are intended to be applied as general

More information

1 Contract Act : Basic Concepts

1 Contract Act : Basic Concepts Star Rating On the basis of Maximum marks from a chapter On the basis of Questions included every year from a chapter On the basis of Compulsory questions from a chapter Nil Nil Nil 1 Contract Act : Basic

More information

BUSINESS LAW Chapter 5 PowerPoint Notes & Assignment How Contracts Arise

BUSINESS LAW Chapter 5 PowerPoint Notes & Assignment How Contracts Arise BUSINESS LAW Chapter 5 PowerPoint Notes & Assignment How Contracts Arise SECTION 5.1 CONTRACTS The Nature of a Contract A ** is any agreement enforceable by law. Not all agreements are contracts, however.

More information

UNIDROIT PRINCIPLES OF INTERNATIONAL COMMERCIAL CONTRACTS 2004 (I)

UNIDROIT PRINCIPLES OF INTERNATIONAL COMMERCIAL CONTRACTS 2004 (I) UNIDROIT PRINCIPLES OF INTERNATIONAL COMMERCIAL CONTRACTS 2004 (I) PREAMBLE (Purpose of the Principles) These Principles set forth general rules for international commercial contracts. They shall be applied

More information

Unit B. Version: 1.2. Contract law. Copyright 2015 Citizens Advice. All rights reserved.

Unit B. Version: 1.2. Contract law. Copyright 2015 Citizens Advice. All rights reserved. Unit B Contract law Version: 1.2 Citizens Advice is an operating name of the National Association of Citizens Advice Bureaux. Registered charity number 279057 VAT number 726 0202 76 Company limited by

More information

SUPREME COURT OF QUEENSLAND

SUPREME COURT OF QUEENSLAND SUPREME COURT OF QUEENSLAND CITATION: Demtear P/L v Abelian P/L & Anor [2004] QSC 103 PARTIES: DEMTEAR PTY LTD (ACN 087 268 782) (plaintiff) v ABELIAN PTY LTD (ACN 088 938 229) and PIER PROPERTIES PTY

More information

INTERNATIONAL SALE OF GOODS ACT

INTERNATIONAL SALE OF GOODS ACT c t INTERNATIONAL SALE OF GOODS ACT PLEASE NOTE This document, prepared by the Legislative Counsel Office, is an office consolidation of this Act, current to December 2, 2015. It is intended for information

More information

UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS (1980) [CISG]

UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS (1980) [CISG] Go to CISG Table of Contents Go to Database Directory UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS (1980) [CISG] For U.S. citation purposes, the UN-certified English text

More information

BEUC S COMMENTS (SECOND PART) FOR THE COMMISSION S EXPERT GROUP ON EUROPEAN CONTRACT LAW

BEUC S COMMENTS (SECOND PART) FOR THE COMMISSION S EXPERT GROUP ON EUROPEAN CONTRACT LAW BEUC S COMMENTS (SECOND PART) FOR THE COMMISSION S EXPERT GROUP ON EUROPEAN CONTRACT LAW Contact: Ursula Pachl consumercontracts@beuc.eu Ref.: X/086/2010-17/12/2010 EC register for interest representatives:

More information

Privity: Third party to K can t enforce its obligations b/c they haven t contributed consideration for its promises ( Tweddle ); Principal not named

Privity: Third party to K can t enforce its obligations b/c they haven t contributed consideration for its promises ( Tweddle ); Principal not named Privity: Third party to K can t enforce its obligations b/c they haven t contributed consideration for its promises ( Tweddle ); Principal not named in K can sue if promisee was contracted as principal

More information

CA - IPCC COURSE MATERIAL

CA - IPCC COURSE MATERIAL CA - IPCC COURSE MATERIAL Quality Education beyond your imagination... INDIAN CONTRACT ACT_35e (NEW EDITION THOROUGHLY REVISED & UPDATED UPTO JULY 2016. APPLICABLE FOR NOV.2016 & MAY 2017 IPCC EXAMINATIONS.

More information

In summary, there wasn t any contract because there was no acceptance because the offeree accepted on terms not specified by the offeror.

In summary, there wasn t any contract because there was no acceptance because the offeree accepted on terms not specified by the offeror. ASSIGNMENT 1. Mama Lit circulates leaflets on the campus of IPS. On the leaflet is written tomorrow launch will be at a special low price of only GH 1.00. Has Mama Lit made an offer and is she bound to

More information

Was there a counter offer? Was there silence? Is it by mail or an instantaneous mode?

Was there a counter offer? Was there silence? Is it by mail or an instantaneous mode? FORMATION OF A VALID CONTRACT 1 Is there intent to create legal obligations? 2 Is there communication of the offer? 3 Is there acceptance of the offer? 4 Is there a certainty of terms? Is there a social

More information

Cambridge Assessment International Education Cambridge International Advanced Subsidiary and Advanced Level. Published

Cambridge Assessment International Education Cambridge International Advanced Subsidiary and Advanced Level. Published Cambridge Assessment International Education Cambridge International Advanced Subsidiary and Advanced Level LAW 9084/32 Paper 3 MARK SCHEME Maximum Mark: 75 Published This mark scheme is published as an

More information

Contracts. Exam Notes

Contracts. Exam Notes Contracts Exam Notes 1 Case Index... 8 Topic 1 (Part A) Introduction... 10 Overview... 10 Terms... 10 Formalities... 10 Terminating Contracts... 10 Consequences of Termination... 10 Vitiating Factors...

More information

LL.B.FIRST YEAR COURSE I. CONTRACT-1 st (CODE: K-102)

LL.B.FIRST YEAR COURSE I. CONTRACT-1 st (CODE: K-102) LL.B.FIRST YEAR COURSE I Unit I: CONTRACT-1 st (CODE: K-102) Formation of Contract Proposal and acceptance, their communication and Revocation (sec 1 to 10) Unit-II: Essential of Contact - Capacity to

More information

Contract Law Final Exam Version C

Contract Law Final Exam Version C Contract Law Final Exam Version C True/False Indicate whether the statement is true or false. 1. Compliance and excuse are valid defenses to a breach of contract action. 2. To have a constructive or implied

More information

9084 LAW. 9084/32 Paper 3, maximum raw mark 75

9084 LAW. 9084/32 Paper 3, maximum raw mark 75 CAMBRIDGE INTERNATIONAL EXAMINATIONS GCE Advanced Level MARK SCHEME for the May/June 2014 series 9084 LAW 9084/32 Paper 3, maximum raw mark 75 This mark scheme is published as an aid to teachers and candidates,

More information

Offer and Acceptance. Louisiana Law Review. Michael W. Mengis

Offer and Acceptance. Louisiana Law Review. Michael W. Mengis Louisiana Law Review Volume 45 Number 3 The 1984 Revision of the Louisiana Civil Code's Articles on Obligations - A Student Symposium January 1985 Offer and Acceptance Michael W. Mengis Repository Citation

More information

ID : CGSSO : : BMLW5103 : : MBA : THREE

ID : CGSSO : : BMLW5103 : : MBA : THREE Student ID : CGSSO00015314 Student Name : Abdulkadir Mohamud Sofe Course Code : BMLW5103 Course Name : Business Law Program : MBA Semester : THREE Assignment : Individual Assignment Facilitator : Abdulkadir

More information

Succession Act 2006 No 80

Succession Act 2006 No 80 New South Wales Succession Act 2006 No 80 Contents Chapter 1 Preliminary Page 1 Name of Act 2 2 Commencement 2 3 Definitions 2 Part 2.1 The making, alteration, revocation and revival of wills Division

More information

Obligations - Offer and Acceptance

Obligations - Offer and Acceptance Louisiana Law Review Volume 17 Number 1 Survey of 1956 Louisiana Legislation December 1956 Obligations - Offer and Acceptance William H. Cook Jr. Repository Citation William H. Cook Jr., Obligations -

More information

PAPER: LAW MARK AWARDED: 73% The overriding objective was recently modified in the Jackson reforms and recites as follows.

PAPER: LAW MARK AWARDED: 73% The overriding objective was recently modified in the Jackson reforms and recites as follows. PAPER: LAW MARK AWARDED: 73% Question 1 The overriding objective was recently modified in the Jackson reforms and recites as follows. 1) These rules are a new procedural code with the overriding objective

More information

Contracts I Professor Keith A. Rowley William S. Boyd School of Law University of Nevada Las Vegas. Fall 2004

Contracts I Professor Keith A. Rowley William S. Boyd School of Law University of Nevada Las Vegas. Fall 2004 Contracts I Professor Keith A. Rowley William S. Boyd School of Law University of Nevada Las Vegas Optional HW Assignment #1 - Model Answers 1. Read the attached version of Coakley & Williams, Inc. v.

More information

SALE OF GOODS (VIENNA CONVENTION) ACT 1986 No. 119

SALE OF GOODS (VIENNA CONVENTION) ACT 1986 No. 119 SALE OF GOODS (VIENNA CONVENTION) ACT 1986 No. 119 NEW SOUTH WALES TABLE OF PROVISIONS 1. Short title 2. Commencement 3. Interpretation 4. Act binds Crown 5. Convention to have the force of law 6. Convention

More information

B-LAW NOTES UNIT-1:- CONTRACT ACT

B-LAW NOTES UNIT-1:- CONTRACT ACT B-LAW NOTES UNIT-1:- CONTRACT ACT 1Q. Define contract? Discuss the essential elements of a valid contract? (Or) Law of contract is not the whole of law of agreement nor whole law of enumerating the essentials

More information

Contracts I - Components

Contracts I - Components Contracts I - Components Index Contracts I - Components... 1 Overview... 4 Terminology in contract law... 4 What is a contract?... 5 Essential elements of a binding contract:... 5 Types of Contracts...

More information

CONTRACTS LAW. Fall 2015 CAN IQRA AZHAR

CONTRACTS LAW. Fall 2015 CAN IQRA AZHAR CONTRACTS LAW Fall 2015 CAN IQRA AZHAR Contracts CANs Fall 2015 Iqra Azhar 1 1. Table of Contents 1. FORMATION OF A VALID CONTRACT... 5 Offer and Invitation to Treat... 5 Canadian Dryers Association v

More information

CONTRACTS Bartlett Spring 2010

CONTRACTS Bartlett Spring 2010 Generally... 2 Slide: Components of course... 3 Contract existed (Formation)... 3 Slide: Contract formation... 3 Offer... 4 Interim period: Revocation... 5 Acceptance... 6 Acceptance: Bilateral v. Unilateral...

More information