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13 Cards in this Set

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What is the formal test if agreement?

A deed

Formal written document that is signed and traditionally sealed


What approach do the courts adopt when deciding if there is an agreement?


The objective approach

How many different types of objectivity are there?

3.

What are the different types of objectivity?

Promisor- what the reasonable promisor would have intended



Promisee- what the reasonable person being made a promise would have though was intended



Detached- what is happening through the eyes of an independent 3rd party

What specific elements does the classical theory of contract rely on in order to identify an agreement

Offer



Acceptance



Consideration

Three necessary parts of a contract

What is an offer?

An offer is an expression of willingness to contract on specified terms, made with the intention that it is to become binding as soon as it is accepted by the person to whom it is addressed

What is an invitation to treat?

An expression of willingness to enter into negotiations which may lead to the conclusion of s contract at a later date/time

How can you distinguish between a offer and an invitation to treat?

Intention- is there the intention to be bound by an acceptance of his terms with no further negotiations, or did he only intend his statement to be part of the continuing negotiation process?

How can an offer be made

Expressly or be conduct

What are the three potential approaches to displays goods for sale?

Display of goods is an offer which is accepted when the goods are picked up and put into the basket

What are the three potential approaches to displays goods for sale?

Display of goods is an offer which is accepted when the goods are picked up and put into the basket



Display of goods is an offer which is accepted once the purchaser takes the goods to the cash desk



Display of goods constitutes to an invitation to treat and the offer is made by the customers when he presents the goods at the cash desk

What is the general rule that the courts have adopted when dealing with display of goods for sale?

Display of goods for sale is an invitation to treat

Which case demonstrates how display of goods for sale is an invitation to treat?

Pharmaceutical Society of GB v Boots Cash Chemists (1953)