Contract - Revision

Why was the defendant in Partridge v Crittenden not liable for 'offering for sale' wild birds when he advertised them in a magazine for 25s each?

• The magazine had not been published so nobody had read the advertisement.

• An advertisement in the magazine was an invitation to treat so he had not offered the birds for sale.

• Nobody had tried to buy the birds so his offer had not been accepted.

• Live animals and birds cannot be the subject of a binding contract so the birds had not been offered for sale.

Answer explanation

Yes, the case concerned the difference between an offer and an invitation to treat.

Which of the following is the best definition of a unilateral offer?

• An offer to the world at large.

• An expression of willingness to receive offers.

• An offer in which one promise is exchanged for another promise.

• An advertisement offering a reward.

Answer explanation

This was the definition of a unilateral offer used in Carlill v Carbolic Smoke Ball Co Ltd.

In which case was it held that catalogues and price lists will usually be invitations to treat and not offers?

• Partridge v Crittenden.

• Grainger and Sons v Gough.

• Carlill v Carbolic Smoke Ball Co Ltd.

• Fisher v Bell.

Answer explanation

This case held that catalogues and price lists will usually be invitations to treat.

What method of selling goods was considered in British Car Auctions v Wright?

• Self-service shop.

• Magazine advertisement.

• Auctions.

• Goods in a shop window

Answer explanation

That was the issue in this case. It was held that the process of selling at an auction is an invitation to treat.

When goods are sold at auction, what amounts to (1) an offer and (2) its acceptance?

• (1) listing the item for sale in the auction catalogue and (2) the auctioneer accepting a bid.

• (1) the fall of the auctioneer's hammer and (2) payment for the goods being made by the purchaser.

• (1) the auctioneer inviting bids for the item and (2) a bid being received.

• (1) a bid being received and (2) the auctioneer's hammer ending bidding on that item.

Answer explanation

Each bid is an offer and the final bid is accepted by the fall of the hammer.

Which of the following is not a way in which an offer which has not yet been accepted may be terminated?

• Lapse of time.

• Revocation.

• Operation of statute (the Sale of Goods Act 1979).

• Death of one of the parties.

Answer explanation

Statute does not intervene to terminate an offer which has been made but not accepted.

What word is used in contract law to describe a situation in which an offer has been rescinded, withdrawn or annulled?

• Termination.

• Revocation.

• Breach of contract.

• Rescission.

Answer explanation

An offer which has been withdrawn, annulled or rescinded is said to have been revoked. The process is called revocation.

What method of communication of revocation was at the heart of the issue in Bryne v Van Tienhoven?

• Letter.

• Fax.

• Email.

• Telex.

Answer explanation

A series of letters were sent that negotiated the terms of a contract, one of which purported to revoke the offer.

What can be described as a final and unqualified assent to the terms of the contract?

• Acceptance.

• Counter offer.

• Agreement.

• Consideration.

Answer explanation

This is a definition of acceptance.

Which principle of contract law was considered in Adams v Lindsell?

• Silence as a means of accepting an offer.

• Revocation of an offer prior to acceptance.

• The postal rule.

• Acceptance by performance of a unilateral offer.