When one party indicates he is willing to be bound as soon as the other party agrees to the terms
At the beginning of negotiations of the contract
Before acceptance takes place
7. Terms of the offer must be certain
True
False
8. What does the case of Nicolene Ltd -v- Simmonds illustrate?
If one of the terms in the contract is uncertain or meaningless, the court may simply ignore such a term
The basis upon which a court determines whether the parties have entered into a contract
The terms of the offer do not actually need to be certain
9. Which case illustrates that if an uncertain term is a central part of the contract, the whole contract will fail?
Scammell & Nephew Ltd -v- Ouston
Butler Machine Tool Co Ltd -v- Ex-Cell-O Corporation Ltd
Nicolene Ltd -v- Simmonds
Gibson -v- Manchester City Council
10. What is a unilateral contract?
A contract under which if the offeree does something he will receive a benefit which could also be made to a group or the whole world
An offer made to one person where it is known who will accept the same
11. Carlill -v- Carbolic Smoke Ball Co Ltd is a good example of a unilateral contract
True
False
12. A bilateral contract is where the parties exchange promises and most enforceable agreements take this form
True
False
13. How can an offer be made?
By conduct
In writing
All of the above
Orally
14. What is illustrated by the case of Taylor -v- Laird?
An offer cannot actually be accepted by conduct
The offeree must have knowledge of the offer and therefore must be successfully communicated
The offer can only be made in writing
15. An invitation to treat asks people to make an offer or open negotiations and cannot be validly accepted
True
False
16. Which case illustrates that an advertisement 'offering' something for sale is not an offer but an invitation to treat
Partridge -v- Crittenden
Carlill -v- Carbolic Smoke Ball Co
Taylor -v- Laird
Gibson -v- Manchester City Council
17. When might an advertisement be an offer rather than an invitation to treat?
Where certain conditions are to be performed
Where there is a definite promise to be bound if certain conditions are performed
Where the advertisement is made personally
18. Which case illustrates that where goods are displayed in a shop windon, they are not 'offered for sale' but are invitations to treat?
Carlill -v- Carbolic Smoke Ball Co Ltd
Partridge -v- Crittenden
Fisher -v- Bell
British Car Auctions -v- Wright
19. What is illustrated by the case of Pharmaceutical Society of Great Britain -v- Boots Cash Chemists?
By placing goods on shelves in shops, the shop is not making an offer to sell but an invitation to treat against which the purchaser would make an offer to buy
A mere statement of price is regarded as an offer
An advertisement does not constitute an offer
20. British Car Auctions -v- Wright illustrates which point?
A bidder makes an offer to buy which the autioneer accepts by bringing the hammer down
An advertisement is treated as an offer
A mere statement of price can be constituted as an offer
