Classic Classic Quiz Formation by Diamondsareforever Diamondsareforever 86 played - 12 yrs ago A quiz about formation of contracts in English law QUIZ 24 QUESTIONS hard English 1 Which of these is not a requirement needed to make a valid contract? CommunicationConsiderationIntention to Create Legal RelationsOfferAcceptance 2 What is the central element of a contract? That the parties are ad idemThat the parties make an offerThat acceptance is in writingThat all elements of the contract are present in one documentThat the contract relates to a tangible thing 3 Which of these is not an aim of formation? Enforce the agreementRestrict enforcement to agreements which meet the rulesEnforce an agreement which one party doesn't want toTo make people only buy goods as per the sample 4 What did the contract relate to in Smiths v Hughes (1871)? HorsesRacehorsesBarleyOatsCorn 5 What does the subjective approach look at? The intention of the partiesWhat the parties saidHow a reasonable man would understand the transactionWhat a consistent approach would doWhat the buyer intended 6 What does an objective approach do? Looks not at what they wanted but takes their words at face valueThe intention of the partiesGives effect to the intention of the partiesWhether or not the parties are ad idemWhat the history to the case is 7 Why does the English law take an objective approach? To give effect to the buyers intention and ensure that the parties are ad idemSo that reasonable people can understand contractsTo ensure that there is always consensusConsistency, predictability and clarityTo ensure that it is the word that binds 8 What is an invitation to treat? An expression of the mirror image ruleAn offer made on specific termsThe idea that price is a necessary part of sales contractsAn invitation to the other person to make an offerThe intention of the person acting as a potential offeror 9 Which of these cases relate to invitation to treat? Smith v HughesHyde v WrenchRoutledge v GrantBunge v van TienhovenPharmaceutical Society of GB v Boots Cash Chemists (1953) 10 What statute was possibly being breached in Pharmaceutical Society v Boots Cash Chemists? Pharmacy and Poisons Act 1933Misrepresentation Act 1967Unfair Contracts Terms Act 1977Contracts (Rights of Third Parties) ActSale of Prohibited Items Act 1977 11 Which case relates to acceptance by silence? Pharmaceutical Society v Boots Cash ChemistsTinn v Hoffmann (1873)Hyde v Wrench (1840)Carlill v Carbolic Smoke BallFelthouse v Bindley (1862) 12 Which case held that a counter offer rejects the first offer? Stevenson v McLean (1880)Smith v HughesPharmaceutical Society v BootsHyde v Wrench (1840)Routledge v Grant 13 Which case related to enquiries not being counter offers? Stevenson v McLeanHyde v WrenchButler Machine Tool Co Ltd v Ex-Cell-O Corp (England) Ltd (1979)Byrne v van TienhovenCarlill v Carbolic Smoke Ball 14 Which case gave rise to the last shot rule with relation to battle of the forms? Stevenson v McClean (1880)Hyde v WrenchSmith v HughesPharmaceutical Society v BootsButler Machine Tool Co Ltd v Ex-Cell-O Corp (England) Ltd (1979) 15 What is the general rule with relation to communication of offer and acceptance? That acceptance can be made without an offerThat parties are not bound to one anotherThat one party does not want acceptance to be communicatedThat the offerer can secure himself against the results of the postal ruleThat they need to be communicated 16 Which case provided an exception to the general idea that acceptance needs to be communicated? Carlill v Carbolic Smoke BallStevenson v McCleanAdamas v LindsellKorbetis v Transgrain Shipping BV [2005]Hyde v Wrench 17 Which case gave rise to the idea of the postal rule? Adams v LindsellCarlill v Carbolic Smoke BallKorbetis v Transgrain Shipping BV [2005]Hutton v Warren [1936]Routledge v Grant 18 What did Korbetis v Transgrain Shipping BV [2005] relate to? Unreasonable to use the postal serviceWrong addressPostal acceptance takes effect when postedInfinite chains of lettersOffer and acceptance need to be communicated 19 Which case relates to electronic communication and the postal rule? Adams v LindsellSmith v HughesPharmaceutical Society v BootsEntores Ltd v Miles Far East Corporation [1955]Stevenson v McClean 20 What was the rationale given for the postal rule in Adams v Lindsell? It shouldn't apply to electronic communicationsIt prevents the use of receiptsIt is about allocation of riskInfinite chain of lettersThe offerer can secure himself against the risk 21 What was held in the case of Routledge v Grant (1828)? That an offer may be withdrawn before it is acceptedThat postal acceptance takes place when the letter is postedThat communication of withdrawal is necessaryThat the postal rule does not applyThat withdrawal must be reasonable 22 Which case related to the idea that communication of withdrawal is necessary? Routledge v Grant (1828)Byrne v van Tienhoven (1880)Carlill v Carbolic Smoke BallCombe v Combe [1951]Atlas Express Ltd v Kafco 23 What is a unilateral contract? One involving two partiesAn invitation to the other party to make an offerContracts relating to animals onlyBusiness contractsOne where only one party has a duty to perform 24 Which case is an example of a unilateral contract? Smith v HughesPharmaceutical Society v Boots Cash ChemistsCarlill v Carbolic Smoke BallStevenson v McCleanHyde v Wrench A mistake in this Quiz ? Contact the author Commentaires
