Week 2 Rules

Question 1

Avertisement France

Answer 1

Rule/Principle: Offer to the public is binding

Exception: intuitu personae contracts are not binding

Case: Maltzkorn v Braquet

Article: Art. 1114 CC

Question 2

Advertisement NL

Answer 2

Rule/Principle: Binding offer

Exception: intuitu personae contracts are not binding

Case: Hofland v Hennis

Question 3

Advertisement E

Answer 3

Rule/Principle: Invitation to treat

Case: Patridge v Critternden

Question 4

Advertisement D

Answer 4

“Rule/Principle: not binding - invitation to treat

Article: § 657 BGB “

Question 5

Goods on Display F

Answer 5

“Rule/Principle: Binding offer

Case: Exploding Lemonade Bottle Case”

Question 6

Goods on Display NL

Answer 6

“Rule/Principle: Binding offer”

Question 7

Goods on Display E

Answer 7

“Rule/Principle: Invitation to treat

Case: Pharmaceutical Society v Boots”

Question 8

Goods on Display D

Answer 8

“Rule/Principle: Invitation to treat”

Question 9

Revocation F

Answer 9

“Rule/Principle: Offer can’t be revoked. If they revoke it they have have to pay damages in tort

Article: Art. 1116 CC “

Question 10

Revocation NL

Answer 10

“Rule/Principle: Offer can be revoked if it doesn’t state a time limit

Article: Art. 6:219 BW “

Question 11

Revocation E

Answer 11

“Rule/Principle: Can be revoked at all times

Therefore no withdrawal

Question 12

Revocation D

Answer 12

“Rule/Principle: Cannot be revoked expect when it is „freibleibend“

Article: § 145 BGB

Question 13

Withdrawal F

Answer 13

“Rule/Principle: Is allowed but only before it reaches the offeree

Article: Art. 1115 CC

Question 14

Withdrawal NL

Answer 14

“Rule/Principle: Is binding if the withdrawal reaches the offeree before or at the same time as the offer

Article: Art. 3:37 BW”

Question 15

Withdrawal E

Answer 15

No withdrawal!”

Question 16

Withdrawal D

Answer 16

“Rule/Principle: If the withdrawal reaches the offeree before or at the same time as the offer

Article: § 130 BGB”

Question 17

Conclusion F

Answer 17

“Rule/Principle: Receipt theory

Article: Art. 1121 CC “

Question 18

Conclusion NL

Answer 18

“Rule/Principle: Receipt theory

Article: 3:37 (3) BW”

Question 19

Conclusion E

Answer 19

“Rule/Principle: Non-instantaneous-communication: Postel theory

Case: Instantaneous communication: Receipt theory

Question 20

Conclusion D

Answer 20

“Rule/Principle: Receipt theory

Article: § 130 BGB”

Question 21

Reward F

Answer 21

Not applicable

Question 22

Reward NL

Answer 22

Not applicable —> No enforceable contract

Question 23

Reward E

Answer 23

Case: Carbolic smoke ball case

Question 24

Reward D

Answer 24

Article: § 657 BGB

Question 25

Acceptance E

Answer 25

"Within the fixed time or if there is no fixed time within a reasonable time If post is described a quicker method is fine as well Tinn vl Hoffmann (1873) "

Question 26

Acceptance D

Answer 26

"Within the fixed time or if there is no fixed time within a reasonable time No specific stile "

Question 27

Advertisement PECL

Answer 27

Art. 2:201 (3)

Question 28

Revocation PECL

Answer 28

Art. 2:202 PECL

Question 29

Conclusion PECL

Answer 29

Art. 2:205 (1) PECL

Question 30

Rejection PECL

Answer 30

Art. 2:203 PECL

Question 31

Acceptance PECL

Answer 31

Art. 2:204, 2:206 PECL