Contract (Jun/22)

Question 1

elements of contract

Answer 1

1. offer
2. consideration
3. acceptance
4. intention to form legal relation
5. certainty

Question 2

what is a contract?

Answer 2

Contract is the formation of an offer that has been considered for the valued good and has been accepted.

Question 3

laws legislating Contract?

Answer 3

ACL, Goods Act 1958 (Vic)

Question 4

types of contract

Answer 4

written, oral and implied

Question 5

can all contracts be verbal?

Answer 5

No

Question 6

eg of a contract that can’t be verbal?

Answer 6

sales of land

Question 7

according to what legislation, sales of land must be written?

Answer 7

s53 of Real Property Law 1958

Question 8

Unilateral C?

Answer 8

when a promiser makes an open promise to provide something in exchange for performance

Question 9

Bilateral C?

Answer 9

when a promisor and promise makes an promise and they are both obliged to fulfil their promise

Question 10

difference between Unilateral and Bilateral?

Answer 10

unilateral is an open invitation to anyone who accepts

Question 11

difference between an offer and invitation to treat?

Answer 11

Invitation to treat is a preparation to offer without the intention of forming legal relation

Question 12

invitation to treat?

Answer 12

an invitation to offer

Question 13

offer?

Answer 13

a clear statement of the terms which the offeror is willing to be bound upon

Question 14

supply of information does not constitute offer according to which case?

Answer 14

Harvery v Facey [1893]

Question 15

Invitation to Treat ex?

Answer 15

auction, display of goods for sale

Question 16

Action is the acceptance of a unilateral offer according

Answer 16

Carlil and Carbolic Smoke Ball

Question 17

Carlill v Carbolic Smoke Ball facts?

Answer 17

CSB promised, in an advertisement, to reward 100 to anyone who contracts influenza after using their smoke ball 3 times a week for two weeks.
Mrs Carlill sued CSB after contracting influenza and not being paid.
Court held that Carlill was entitled to the reward since a unilateral contract was formed between them.

Question 18

puff

Answer 18

overexertion of something that a logical person will not believe as true