Law Of Contract
This is your description.
- 1.
Siti shops in a mini mart, when do you think the contract is formed?
- A.
Siti picks up the product from the shelf
- B.
Siti pays at the counter
- C.
Siti puts the product into her basket
- D.
The cashier takes siti's goods
Correct Answer
D. The cashier takes siti's goodsExplanation
because the product on the shelf is treated as invitation to treat.
case:Pharmaceutical Society of GB "versus" Boots Cash ChemistsRate this question:
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- 2.
Sara is the owner of a shop.She places notice on the window advertising the sale of batteries at half price. is the notice:
- A.
(A) An invitation to treat?
- B.
(B) A contractual offer?
- C.
(C) A unilateral offer?
- D.
(D) A completed contract?
Correct Answer
A. (A) An invitation to treat?Explanation
Advertisements and notices are normally invitations to treat. Contrast Fisher v Bell [1961] 1 QB 394 and Carlill v Carbolic Smoke Ball Company [1893] 1 QB 256, Stone, par 2.7.3Rate this question:
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- 3.
Sara is the owner of a shop.She places notice on the window advertising the sale of batteries at half price. is the notice:
- A.
(A) An invitation to treat?
- B.
(B) A contractual offer?
- C.
(C) A unilateral offer?
- D.
(D) A completed contract?
Correct Answer
A. (A) An invitation to treat?Explanation
Advertisements and notices are normally invitations to treat. Contrast Fisher v Bell [1961] 1 QB 394 and Carlill v Carbolic Smoke Ball Company [1893] 1 QB 256, Stone, par 2.7.3Rate this question:
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- 4.
John receives a letter from Michael containing an order of 50
- A.
John agrees and ask whether Michael wants white of brown sugar
- B.
John sends his standard from contract for signature? Incorrect
- C.
John dispatches the sugar
- D.
John notifies Michael that there will be additional RM 20 postage fee?
Correct Answer
C. John dispatches the sugarExplanation
This contractual offer would be accepted by conduct when John dispatched the sugar as in Brogden v Metropolitan Railway (1876) 2 Apps .Cas. 666,Stone,par 2.12.1Rate this question:
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- 5.
Which of the following statement could constitude a contractual offer it posted on a website?
- A.
Bike for sale?
- B.
Bike for sale RM50
- C.
Bike for sale,RM50,email [email protected]
- D.
Bike for free to the person who comes and takes it down from the attic,address details below.
Correct Answer
D. Bike for free to the person who comes and takes it down from the attic,address details below.Explanation
This would be unilateral offer like in Carlil v Carbolic Smoke Ball Company (1893) 1 QB 256 where acceptance takes place by conduct .Other option lack certainty and are more likely to be considered invitations to treat.Consideration is found in the effort of removing the bike, so this would not construed as a gift.Stone,par 2.7.6Rate this question:
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- 6.
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
Correct Answer
B. A series of conflicting documents regarding offer and acceptanceExplanation
When a buyer and a seller are each trying to incorporate their own terms and conditions into a a contract they may have a series of conficting contractual documents as in Machine Tools Co v Ex -Cell - O Corporation (England) Ltd 91;1979& 93; WLR 401,Stone,Para 2.11.3Rate this question:
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- 7.
In which of the following cases was following cases was a notice not deemed to be an invitation to treat?
- A.
Fisher v Bell
- B.
Carlil v Carbolic Smoke Ball Correct
- C.
Partridge v Crittenden
- D.
Harris v Nickerson
Correct Answer
B. Carlil v Carbolic Smoke Ball CorrectExplanation
Advertisement and notices are normally invitations to treat.Contrast Fisher v Bell (1961) 1QB 394 and Carlil < Carbolic Smoke Ball Company (1893) 1QB 256, Stone 2.7.5Rate this question:
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Jan 18, 2014Quiz Edited by
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Sep 25, 2013Quiz Created by
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