Deck 2: Forming the Agreement

Question 1

If a poster in a shop specificies that goods are on 'special offer' the law would definitely consider that this was an offer to sell those goods?

Answer 1

False

Question 2

An offer remains valid for…

A) An infinite period of time
B) No more than 28 days in any circumstances
C) As long as is reasonable in the circumstances
D) Until the offer is revoked by the offeror

Answer 2

C,D

Question 3

Which of the following are true of the postal rule of acceptance?

A) Parties can exclude the operation of the rule if they choose
B) It does not apply if the letter is in any way delayed in the post
C) It applies even where the offeror specifies that they will not accept acceptance by post
D) It applies only where postage would be an appropriately speedy means of replying to an offer

Answer 3

A,D

Question 4

Two features of all acceptances are…

A) They are in writing.
B) They do not seek to alter or amend the terms of the offer
C) They cannot take the form of the offeree
D) They indicate to the offeror on what terms the offeree will contract

Question 5

What difficulties are presented by oral contracts?

Question 6

With reference to the key cases, how would you define offer, acceptance and consideration?

Question 7

How would you distinguish between an offer and an invitiation to treat? Can a clear line be drawn between these two concepts in reality?

Question 8

To what extent is the offer/acceptance analysis of contract formation a fiction that exists only to assist lawyers?

Question 9

When will an advertisement be regarded as an offer rather than invitation to treat?

Question 10

Distinguish between an acceptance and a counter offer.

Question 11

Do you think it is likely that a court would apply the postal rule to a contract made by email?

Question 12

How do the concepts of offer and acceptance operate in respect of online transactions?

Question 13

An offer can be accepted in which of the following ways?

A) By silence
B) By conduct
C) By counter-offer
D) By telephone

Question 14

Which of the following types of contract must be made in writing?

A) Contract governed by the Consumer Credit Act 1974
B) Contract for the sale of disposal of interest in land
C) Contract for the sale of goods over a value of £1,000
D) Contract for the sale of shares

Question 15

In Dickinson v Dodds it was held that…

A) a third party may effectively communicate the revocation of an offer by an offeror
B) only the offeror can effectively revoke his or her own offer
C) a third party may effectively revoke an offer even if they do not have the offeror's permission
D) offers once made cannot be revoked

Question 16

A printed advertisement of any kind can never be a legally binding offer?

Question 17

In a unilateral contract the offeree can be sued if they fail to perform.

Question 18

The postal rule can apply equally to offers as it can to acceptances?

Question 19

The terms 'battle of the forms' refers to a situation in which two parties repeatedly exchange their respective standard written terms and conditions?

Question 20

A party can be deemed to have accepted an offer by beginning performance of the contract?

Question 21

In Vitol v Norelf SA the House of Lords suggested that in some very limited circumstances silence could be deemed to be acceptance?

Question 22

A person cannot 'accept' an offer that they are not aware of?

Question 23

The law provides that only specified types of electronic communications equipment can be used to make binding contracts?

Question 24

When goods are purchased in a shop and selected by the customer, where is the contract usually deemed to have been made?

A) When the goods are taken off the shelf
B) At the cash desk
C) When the customer leaves the shop
D) When the customer has paid for the goods and decided that they definitely want to keep them

Question 25

A unilateral contract is one where…

A) Only the offeror is legally bound to do an act
B) Each party promises to do one thing
C) Only the offeree is legally bound to do an act
D) Neither party can sue the other

Question 26

The case of Fisher v Bell establishes that goods displayed in a shop window…

A) Are deemed to be an offer to sell the goods
B) Are deemed to be an invitation to treat
C) Are simply on display - they are neither an offer nor invitation to treat
D) Will be regarded as being on offer only to the first person that sees them

Question 27

What are the limitations on the postal rule of acceptance?

Question 28

Alan shops at a supermarket. Is a contract formed when:

A) Alan picks up items from the shelf?
B) Alan pays for his shopping?
C) The checkout assistant takes Alan's goods?
D) Alan puts his selections in the trolley?

Question 29

Jim is the owner of a shop. He places a notice on the window advertising the sale of batteries at half price. Is the notice:

A) An invitation to treat?
B) A contractual offer?
C) A unilateral offer?
D) A completed contract?

Question 30

Which case establishes the Postal Rule?

A) Allcard v Skinner
B) Adams v Lindsell
C) Atwood v Small
D) Anglia TV v Reed

Question 31

John receives a letter from Michael containing an order of 50

A) John agrees and asks whether Michael wants white of brown sugar?
B) John sends his standard form contract for signature?
C) John dispatches the sugar?
D) John notifies Michael that there will be an additional £20 postage fee?

Question 32

Which of the following statements could constitute a contractual offer if posted on a website?

A) Bike for sale
B) Bike for sale £50
C) Bike for sale, £50, email [e-mail]
D) Bike for free to the first person who comes and takes it down from the attic, address details below.

Question 33

What is meant by 'the battle of the forms'?

A) Another name for adversarial trials
B) A series of conflicting documents regarding offer and acceptance
C) A process of documentary evidence production
D) A type of negotiation

Question 34

In which of the following cases was a notice not deemed to be an invitation to treat?

A) Fisher v Bell
B) Carlill v Carbolic Smoke Ball
C) Partridge v Crittenden
D) Harris v Nickerson

Question 35

Tenders are normally considered to be:

A) Offers
B) Invitations to treat
C) Binding
D) None of the above

Question 36

Liar Ltd as part of a promotional campaign offered a free manual shaver to any customer who bought their electric shaving machine between November and December 2008. Would their customers:

A) Be able to demand the free manual shaver?
B) Not be able to demand the free shaver?
C) Have to pay extra for the shaver?
D) Be able to demand the free shaver as promotional campaigns are binding?

Question 37

When acceptance is made by email it is communicated:

A) When read
B) When posted
C) When received
D) When it is available to access

Question 38

How can someone fail to accept an offer although they perform the requested act?

A) If they acted when ignorant of the offer
B) If they acted when knowing about the offer
C) If they acted when knowing about the offer but performing the action for a different reason
D) One can never accept an offer by performance

Question 39

Would you be able to sue a newspaper if a free "Digital Versatile Disc" DVD promised to be included in the paper is missing?

A) No, as promotions are intended to be invitations to treat
B) Yes, if this promotion is deemed to be a unilateral offer
C) No, as promotional offers are not meant to be binding
D) Yes, as promotional offers are always binding