| Hint | Answer | % Correct |
|---|---|---|
| Acceptance | 0%
| |
| What two instances mean these become offers? | Accept most competitive bid | 0%
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| A 30-year supply relationship existed without an express contract or explicit assurance.No long-term contract could be implied and promissory estoppel cannot create a contract where none previously existed. | Baird v Marks & Spencer (2001) | 0%
|
| An advert promised £100 to users who still caught influenza after using the smoke ball.The advert was an offer, acceptance occurred by performance, and a unilateral contract was formed. | Carlill v Carbolic Smoke Ball Co. (1893) | 0%
|
| Requirements | Clear representation | 0%
|
| A creditor accepted part-payment from one joint debtor and later sought the full amount.Promissory estoppel may arise where a creditor voluntarily accepts part-payment and it would be inequitable to go back on the promise. | Collier v Wright (2007) | 0%
|
| What else must there be for a valid contract? | Consideration | 0%
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| Contractual obligations (that conform to bid conditions) | 0%
| |
| Death | 0%
| |
| Defence | 0%
| |
| A contract was negotiated by telex, raising the question of where acceptance occurred.Acceptance by instantaneous communication is effective when and where it is received. | Entores v Miles Far East (1955) | 0%
|
| A buyer attempted to bind the seller by stating that silence would amount to acceptance.Silence cannot constitute acceptance, and a party cannot impose contractual liability by inaction. | Felthouse v Bindley (1862) | 0%
|
| A debtor paid instalments under a promise that no further interest would be claimed.Part-payment of a debt does not discharge the whole because it lacks consideration, reaffirming Pinnel’s Case. | Foakes v Beer (1884) | 0%
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| Special circumstances must be communicated | Hadley v Baxendale (1854 | 0%
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| Half the crew deserted, making the remaining sailors’ task significantly more dangerous.A promise of extra payment is enforceable where the promisee undertakes duties beyond the original contract. | Hartley v Ponsonby (1857) | 0%
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| A landlord reduced rent during wartime and later claimed full rent retrospectively.Promissory estoppel can suspend rights, making the promise binding during the conditions under which it was made. | High Trees (1947) | 0%
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| Elements of economic duress | Illegitimate pressure | 0%
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| What is less than an offer? | Invitation to treat | 0%
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| Ways revocation of offers occurs (not always) | Lapse of time | 0%
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| No reasonable alternative | 0%
| |
| A shipbuilder demanded an additional 10% during construction, and the buyer paid without protest for months.Continuing performance without objection affirms the contract, defeating a later claim of economic duress. Extra legal consideration sufficed | North Ocean Shipping v Hyundai (Atlantic Baron) (1979) | 0%
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| How do the courts look to determination of agreement? | Objective | 0%
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| What is the traditional approach? | Offer | 0%
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| A self-service shop display was challenged as an unlawful sale of medicines.Goods on shelves are an invitation to treat, and the contract is formed at the till under a pharmacist’s supervision. | Pharmaceutical Society v Boots (1953) | 0%
|
| What prevents someone from going back on a promise? | Promissory estoppel | 0%
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| Protest (at time or shortly after) | 0%
| |
| Reliance to detriment | 0%
| |
| Revocation | 0%
| |
| Work began under a letter of intent that expired, yet both parties continued to act as if bound.A contract exists if, viewed objectively, a reasonable businessperson would think agreement had been reached despite “subject to contract” wording. | RTS Flexible Systems v Müller (2010) | 0%
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| Intention is judged objectively. | Smith v Hughes (1871) | 0%
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| Sailors claimed extra wages promised after two crew members deserted.A promise to pay more for performing an existing contractual duty is unsupported by consideration. | Stilk v Myrick (1809) | 0%
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| The council’s correspondence and conduct objectively indicated an intention to be bound in a sale of property.A contract is formed where outward words and actions show agreement, even if some details remain unresolved. | Storer v Manchester City Council (1974) | 0%
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| What is a form of ITT? | Tender | 0%
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| When does acceptance occur? | When communicated | 0%
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| A contractor promised additional payment to avoid delay and penalty charges.A promise is enforceable if the promisor obtains a practical benefit and there is no economic duress. | Williams v Roffey Bros (1990) | 0%
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