True or False, a contract cannot be valid if there is no consideration., True, False, Which of the following is NOT a requirement for a valid contract, Offer, Acceptance, Agreement, Consideration, Intention to create legal relations, Which one can transfer the benefit AND the burden, Assignment, Novation, Inner Summit said to Emily that they "might consider" Emily for the position at the college. Is this a valid offer?, yes it is certain clear and communicated, no because it did not mention salary or hours, yes it is because it is virtually certain to occur, no because it is not a clear and certain offer, Which of the following best reflects the courts’ general approach to badly drafted or uncertain offers in contract law?, Courts will refuse to enforce an agreement whenever any term is uncertain or vaguely expressed, Courts will only enforce agreements where all essential terms are expressly and precisely stated, Courts will, where possible, give effect to the parties’ agreement by interpreting context, conduct, and commercial sense, Courts will automatically imply missing terms in every commercial agreement, Emily is conducting a revision session for students, outside of the usual term time. She did not confirm this to the college so do you think Emily should be paid, yes because Emily has done the work she has contracted to do, no because Emily did not communicate the offer to work to the college and there could be no acceptance, yes because Emily has done this before and consistent course of dealings allow this to happen, no because there is no intention to create legal relationships, which one is an invitation to treat, Auction without a reserve, auction with a reserve, Which of the following statements best explains when an invitation to tender will be treated as a legal offer rather than an invitation to treat?, Whenever tenders are invited from the public at large, When the tender is submitted before the stated deadline, Whenever the tenderer expects their bid to be considered, When the party inviting tenders promises to accept the lowest or highest complying bid, Which of the following best reflects the modern legal analysis of offer and acceptance in relation to bus travel?, The passenger usually makes the offer by boarding the bus and tendering the fare, which is accepted by the driver, The operation of a bus service always constitutes a standing offer that is accepted when a passenger boards, The passenger accepts the bus company’s offer by remaining on the platform, No contract is formed until the bus reaches the passenger’s destination, Which of the following statements correctly reflects the law on revocation of an offer?, Revocation is effective when it is posted by the offeror, Revocation is effective when it is received by the offeree, Revocation is effective when the offeree posts their acceptance, Revocation and acceptance follow the same postal rules, In which situation will revocation of an offer be effective even though the offeror did not directly inform the offeree?, Where the offeree suspects the offeror has changed their mind, Where a third party gives unreliable information, Where the offeree is informed by a reliable third party that the offer is no longer open, Only where revocation is communicated in writing, Adam posts a letter offering to sell wine to Blossom on Monday. On Tuesday, Adam posts a letter revoking the offer. On Wednesday morning, Blossom posts a letter accepting the offer. Blossom receives the revocation letter on Thursday., No contract, because the revocation was sent before acceptance, No contract, because the revocation was posted first, A contract is formed when Blossom receives the offer, A contract is formed when Blossom posts her acceptance, Which statement best reflects the law on revocation of unilateral offers?, A unilateral offer may always be revoked at any time before full performance, . A unilateral offer cannot be revoked once performance is complete, A unilateral offer cannot be revoked once the offeree has begun performance, A unilateral offer can never be revoked, Emily was negotiating the purchase of her new car and the seller made her an offer of £60,000. Emily asked whether she could have credit terms and when they received no reply to their enquiry, accepted the original offer. During that silent period, the seller sold the car to someone else., The silence was considered revocation of the offer and no breach here, no breach because of Emily making a counter offer and thus rejecting the original offer, breach has he had not revoked the offer by communicating it, breach because Emily was asking for more information rather than counter offering, In the context of contracts for the sale of land, what is the legal effect of an acceptance expressed as “subject to contract” or “sale agreed”?, It creates an immediately binding contract between the parties, It is a conditional acceptance that does not bind either party until a formal contract is concluded, It amounts to a counter-offer that must be accepted in writing, It prevents either party from withdrawing from the agreement, If an offeror states that acceptance “must” be communicated in a particular way, what is the legal effect?, The offeree must comply with the specified method for acceptance to be valid, The offeree may use any method of acceptance, The requirement is optional unless expressly rejected, Acceptance by conduct will always override the requirement, Where an offeror specifies a preferred method of acceptance, when will acceptance by another method still be valid?, Only where the offeror expressly agrees, Where the alternative method is no less effective than the prescribed method, Only if acceptance is made in writing, Only if the offeree has previously dealt with the offeror, Alice posts a letter on Monday accepting Bob’s offer to sell her his antique violin. The letter is correctly addressed and stamped. Bob receives the letter on Friday. When is the contract formed between Alice and Bob?, Friday, when Bob received the letter, Only after Alice receives confirmation from Bob, There is no contract until both parties sign a formal agreemen, Monday, when Alice posted the letter, Chris offers to sell a property to Dana and states that the acceptance “must be communicated in writing.” Dana posts a letter accepting the offer, but Chris never receives it. is there a binding contract, . Yes, the postal rule applies, so acceptance is effective when posted, . No, unless Chris later acknowledges the acceptance, . No, the postal rule is excluded because the offer required actual notice, Yes, but only if Dana can prove she posted the letter, Which one is when the consideration is a promise to do something in the future?, Executory, Executed, What are the four consideration rules, Consideration can be past, Consideration must be sufficient, Consideration need not be adequate, Consideration must move from the promisor, Consideration cannot be past, Consideration must move from the promisee, Emily promises to pay Mya £100 if Mya performs 100 press-ups in a week. Y completes the task. Is this valid consideration?, No, because 100 press-ups have no economic value, No, because Mya’s detriment is too trivial, Yes, because the law only requires sufficient, not adequate, consideration, Yes, but only if Mya is a professional athlete, A police officer is asked to provide extra security for a football match. The officer is already obliged by law to maintain public order. The club promises additional payment for attending the match. This enforceable?, No, because performing a public duty is not sufficient consideration, Yes, if the officer attends the match, Yes, if the officer sends a written notice, No, unless the match is cancelled, B owes A £10,000. B promises to pay £6,000 in full settlement of the debt. No other consideration is provided. Is this enforceable?, Yes, because any agreement to accept less than the full amount is valid, Yes, if B pays before the due date, No, unless a third party guarantees payment, No, because part payment of an existing debt is not good consideration, Lisa rents a warehouse from Tom for £2,000 per month. Due to a temporary downturn in business, Tom tells Lisa he will accept only £1,000 per month for the next six months. Lisa pays the reduced rent on time each month. After six months, Tom demands £2,000 per month again and also tries to claim the £1,000 “discount” for each of the previous months., Tom can recover the full £2,000 for the previous six months because consideration is lacking, Tom is estopped from recovering the reduced £1,000 for the six-month period but can charge £2,000 going forward, Lisa can ignore future rent obligations entirely because estoppel gives her full rights, Tom’s promise automatically creates a new binding contract despite lack of consideration, John, who suffers from a severe temporary mental disorder, enters into a contract to sell his car. At the time, he is unable to understand the nature and effect of the agreement. The buyer was aware of John’s condition., The contract is automatically void, The contract is valid because the buyer paid a reasonable price, The contract is voidable because John lacked mental capacity, The contract is valid because John later confirmed it, A 16-year-old minor orders a designer suit costing £1,000. The minor already owns sufficient clothing for their lifestyle. Is the seller entitled to enforce payment under the Sale of Goods Act 1979?, Yes, because the minor placed the order, No, because the suit is not a ‘necessary’, . Yes, because all contracts with minors are enforceable, No, because minors cannot enter into any contracts, Which one is NOT included as an implied term for service contracts, Quality, Care and skill, price, timing, fit for purpose, Which of the following statements about terms implied into contracts under common law is correct?, Courts will always imply a term into a contract whenever the written agreement is silent on an issue, to ensure fairness between the parties., Terms may be implied by law because certain obligations are always assumed in specific types of contracts, or on the particular facts of the case if necessary to give the contract business efficacy or meet the officious bystander test., Terms implied on particular facts may be added even if doing so conflicts with the express language of the contract, as the courts prioritize commercial sense over the parties’ intentions., A term will only be implied if Parliament has legislated that it must be included, otherwise courts are not allowed to imply any terms.

Contract - last melon

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