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13 Cards in this Set
- Front
- Back
- 3rd side (hint)
What is the formal test if agreement? |
A deed |
Formal written document that is signed and traditionally sealed |
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What approach do the courts adopt when deciding if there is an agreement? |
The objective approach |
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How many different types of objectivity are there? |
3. |
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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 |
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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 |
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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 |
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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 |
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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? |
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How can an offer be made |
Expressly or be conduct |
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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 |
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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 |
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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 |
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Which case demonstrates how display of goods for sale is an invitation to treat? |
Pharmaceutical Society of GB v Boots Cash Chemists (1953) |
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