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PGDL Contract Law Exam 2023

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PGDL Contract Law Exam 2023 State the three elements required to form a legally binding contract What must an offer be? What must acceptance be? Offeror Offeree When is there a valid offer? Invitation to treat Adverts Invitation to tender How can an offer be communicated? How can an offer be terminated? Counter-Offer Request for further information Revocation Revocation of a unilateral offer Lapse Requirements for acceptance Exceptions to the above requirement for communication of acceptance The Postal Rule Exceptions to the Postal Rule Instantaneous Communications Unilateral Offer Bilateral offer Intention to Create Legal Relations Subjective Objective Rebuttable Presumption Intention to create legal relations Parties deemed to not have the necessary capacity to enter into a legally binding agreement Consideration

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PGDL Contract Law Exam 2023

1). State the three elements required to form a legally binding contract

 Ans: 1. Consideration
2. Intention to Create Legal Relations
3. Agreement (O+A)


2). What must an offer be?

 Ans: 1. Valid (Clear, Certain, and Addressed to the Offeree)
2. Communicated to offeree
3. Not rejected, revoked or lapsed
4. Made with intention to treat


3). What must acceptance be?

 Ans: 1. A mirror image of the offer
2. Made by the offeree in response to the offer
3. Communicated to the offeror


4). Offeror

 Ans: Person making the offer


5). Offeree

 Ans: Person to whom the offer is made


6). When is there a valid offer?

 Ans: Treitel: An expression of willingness to contract on specified terms made with the
intention that it is to become legally binding as soon as it is accepted by the person to
whom it is addressed




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, 7). Invitation to treat

 Ans: Preliminary stage of negotiations, not an offer


8). Adverts

 Ans: The general rule is that an advert is an ITT, not an offer


9). Invitation to tender

 Ans: The general rule is that an invitation to tender is an ITT, not an offer


10). How can an offer be communicated?

 Ans: 1. Orally
2. In Writing
3. By Conduct


11). How can an offer be terminated?

 Ans: 1. Rejection
2. Revocation
3. Lapse


12). Counter-offer

 Ans: Rejection of the first offer


13). Request for further information

 Ans: Original offer remains open


14). Revocation

 Ans: Can occur any time before acceptance


15). Revocation of a unilateral offer

 Ans: Can be revoked any time before complete performance




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