Self-test questions

. According to the Court of Appeal in Pharmaceutical Society of GB v Boots [1953] 1 QB 401, which one of the following statements most accurately describes the normal process of contract formation in a self-service shop?

. In a 'battle of forms' situation, which of the following represent the possible approaches currently adopted by the English courts? [Please select all that apply.]

. A sends a fax to B saying: 'I offer to sell my BMW car to you for £2,000. Please let me know your answer.' B posts a letter accepting the offer. Before the letter reaches A, B receives a notice of A's death from his executor. Which one of the following statements is true?

. In which one of the following circumstances is the acceptance ineffective because it does not comply with the prescribed method of acceptance in the offer?

. A Ltd sends a brochure to B, which prices a certain type of mountain bike at £250. B replies: 'I am prepared to pay £240 in cash for the mountain bike.' Which one of the following statements is true?

. Which one of the following agreements is probably void because of vagueness or uncertainty?

. A, a private landowner, sends a letter to B and C inviting them to make tenders for a construction project. In the letter, A requires that tenders 'must reach me before the 1 June' and must be submitted by returning a quite detailed document. A also states he 'will accept the most competitive bid'. B submits a bid of £30,000; C submits a bid of £28,000. Both bids arrive in A's office before 6pm, on 1 June. Due to a mistake by A's secretary, C's bid is not processed. The two bids are similar in all aspects but the price. After careful consideration, A decides to employ B as the constructor for £30,000. Which of the following statements are true? [Please select all that apply.]

. A offers to sell his electronic tablet to B for £75. A and B agree that, if B does not contact A by the following Thursday, then A can assume that B has accepted the offer. Thursday passes and A claims that a contract has been formed. B refuses to pay. Which one of the following statements is true?

. A offers to sell his car to B for £2,000. B replies: 'Can I pick it up tomorrow by any chance?' A responds: 'If you pay by cheque, then it must be cleared by my bank before you can drive the car away, but if you pay by cash, you can pick up the car immediately if you wish.' B replies: 'I accept your very generous offer. I'll pay by cheque but I need to collect the car immediately.' The next morning, B sends another message to A: 'OK. I can pay by cash.' B turns up to pay that afternoon, but A then refuses to sell his car to B because he has received a better offer from C. Which one of the following statements most accurately describes the legal position between A and B?

. On 1 June, A, a manufacturer, sends a fax to B, the owner of a stationery shop, offering to sell one ton of standard quality A4 paper to him for £500. On 3 June at 10pm, B faxes an acceptance to A. Later that night, B changes his mind and emails a revocation of his acceptance to A's private email address. At 9am the next day, A opens up his shop as usual and immediately sees the fax. Two hours later he checks his private emails (from his shop) and reads B's withdrawal. Which one of the following statements most accurately describes the legal position between A and B?

. For there to be a binding contract, both parties must actually intend to be bound by such a contract.

. An offer can either be created by a statement that shows willingness to be bound (if accepted by the addressee) or by a statement that contains all the necessary details to form a contract (once it has been accepted by the addressee).

. Where a referential bid is accepted ahead of a non-referential bid, there is no contract between the referential bidder and the person who accepts the bid.

. The auctioneer is bound to accept the highest bid at an auction advertised as being 'without reserve'.

. The 'limited stocks' argument has been used by the courts to support the proposition that a request to make competitive bids is normally an invitation to treat.

. Where two parties make identical offers to each other at approximately the same time, these two offers do not constitute a contract between the parties.

. In Adams v Lindsell (1818) 1 B & Ald 681, it was decided that a letter of acceptance by post would normally take effect at the moment of posting.

. To be effective, a revocation of offer must be made or authorised by the offeror.

. Where two parties enter into negotiations 'subject to contract' and a contract fails to materialise, it is generally possible for a party to recover expenses incurred on the ground of unjust enrichment.

. A 'lock-out' agreement which prevents a party from negotiating with any third party for a specific period of time is always void for uncertainty.

. The courts are able to imply a term that the price should be a 'reasonable price' whenever the price-fixing mechanism has not been implemented.

. An express provision requiring the parties to negotiate in good faith is generally not enforced under English law.

. In both Scammell & Nephew Ltd v Ouston [1941] AC 251 and British Steel Corp v Cleveland Bridge & Engineering Co [1984] 1 All ER 504, the contract was held to be void because the parties in both cases had failed to agree upon several essential aspects of the contract.

. Where an inessential term of the contract suffers from vagueness, it may be possible to sever that term and enforce the rest of the contract.

. Which one of the following statements most accurately describes the decision in Byrne & Co v Van Tienhoven & Co (1880) 5 CPD 344?

. Which one of the following statements most accurately summarises the decision in Sudbrook Trading Estate Ltd v Eggleton [1983] 1 AC 444?

. A, the owner of Tyr Supermarket, advertises a 'reward of £500 for the first person to supply information if that information leads to the successful prosecution of the criminal mastermind responsible for a series of thefts from Tyr Supermarket'. B supplies the information from which the criminal is successfully arrested and prosecuted. B thereupon claims the reward. Which one of the following statements is true?

. Which one of the following statements relating to revocation of a unilateral offer is most likely to be true?

. A, while exploring B's supermarket online catalogue, finds an electronic games console for sale at a 'bargain price of £19'. B's website also states that there is only a 'limited supply' of the console at that price and that it is 'offered on a first-come-first-served basis'. The intended bargain price is, in fact, £109 but '0' was mistakenly omitted from the displayed price. A chooses the console and goes to the online checkout. Before he places the order, he is asked to tick the box 'I have read and agreed the terms and conditions' supplied in the website. There is a hyperlink to a separate page containing the terms and conditions. A ticks the box but does not bother to read the terms and conditions. One of the terms specifies that acceptance will not occur until goods are dispatched. Because A is among the first few people who place an order for the console, he instantly receives an automatic confirmation from B's website and his credit card is charged with £19. Subsequently, B refuses to deliver the console. Which of the following statements are likely to be true? [Please select all that apply.]

. A sends an email to B offering to sell to B his Ford Focus car for £5,000 and clearly states that the offer will be open for a week. On the fifth day, A receives an offer from C to buy the same car for £5,500. A then emails B to say that he now wants £5,500 for the car. On the sixth day, B replies to A's second email purporting to accept the original offer of £5,000. Which one of the following statements is true?

Back to top