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Flashcards in Week 4 - Formation Deck (13)
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1

In order to form a contract what must be agreed ?

Consensus in idem

2

What Is a case that can be viewed as mutual error ?

No contract for lack of consensus on nature:
Mathieson Gee (Ayrshire) Ltd v Quigley 1952 SC (HL) 38

3

A case that demonstrates uncertainty

McArthur v Lawson (1877) 4 R 1134

4

What is the effect of unqualified acceptance ?

Converts offer into a contract

5

What is the effect of a counter offer and reference a case

A counter offer extinguishes the original offer
Hyde v Wrench (1840) 3 Beav 334

6

What effect does qualified acceptance have ? `

Qualified acceptance has the same effect as a counter offer
Wolf & Wolf v Forfar Potato Co 1984 SLT 100

7

What can offers be confused as ?

Offers could be confused as invitations to treat. A statement may be intended to invite offers or to start negotiations
Harvey v Facey [1893] AC 552

8

Give examples of invitations to treat and cases

Goods on display in a shop window Fisher v Bell [1961] 1 QB 394
Advertisements Partridge v Crittenden [1968] 1 WLR 1204

9

What is the general rule of acceptance

It is effective of posting

10

Is acceptance effective on posting ?

Yes, demonstrated in Dunlop v Higgins (1848) 6 Bell’s App 195

11

Revocation?

Must be accepted to be effective

12

Describe the postal rule

o where acceptance and revocation of offer cross in the post the contract is concluded

13

Conditions may be ?

Subsentive - due on occurrence of uncertain event
Resolutive - due until occurrence of uncertain event