An offer can be defined as an intimation of words and conduct, with a desire to enter into a binding arrangement. It is argued for an offer to be effective, the terms of the offer must be clear, precise and unambiguous. Critically discuss this statement, with the following requirements; Case: Ramsgate Victoria Hotel v Montefiore [1866] 2. State clearly • The issue • Basic facts of the Cases • The Judgement

An offer can be defined as an intimation of words and conduct, with a desire to enter into a binding arrangement. It is argued for an offer to be effective, the terms of the offer must be clear, precise and unambiguous. Critically discuss this statement, with the following requirements; Case: Ramsgate Victoria Hotel v Montefiore [1866] 2. State clearly • The issue • Basic facts of the Cases • The Judgement

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What was the correct interpretation of condition 4 in DTR Nominees Pty Ltd v Mona Homes Pty Ltd (1978) 138 CLR 423? Choose one of the following. A plan containing the 9 lots being sold should have already been lodged for registration at the time of contract. The plan attached to the contract containing 35 lots could be registered in 2 stages, so long as the plan already lodged at the time of contract contained the 9 lots being sold. The plan attached to the contract containing 35 lots should have already been lodged for registration at the time of contract. The plan attached to the contract containing 35 lots could be lodged within 14 days of the contract being signed.
The elements of a valid contract is an offer, acceptance, consideration and intention to contract. An offer and acceptance equals an agreement. While consideration can be defined as something in the eyes of the law which can compensate or be adequate compensation for the promise to do an act. However, consideration is not an essential element in any contractual agreement. Parties to a contract simply have to establish an agreement and consideration can be ignored. Critically discuss. Requirements 1- An introduction and a conclusion. 2- A critical discussion on the concept of what are the elements of a valid consideration, inclusive of rules governing a valid consideration. Use landmark cases such as: Chappell and Co v Nestle Ltdjones vs padavattonstilk v myrickfisher vs bellhyde v wrenchhyde vs wrenchCurrie v Misa . Provide scholarly references
A unilateral mistake occurs when a. both contracting parties share the same mistake. b. one party enters a contract under a mistaken assumption. c. one party makes a factually incorrect statement. d. one party makes false statementsto induce the other party to contract while knowing the words are false or being uncertain that they are true.
1. A contract to sell real estate is generally not enforceable unless it is in writing. a) True b) False
In the case of a contract for sale by sample there is an implied condition of all the following EXCEPT: That the goods will be free from any defect, rendering them un-merchantable, which would not O a. be apparent on reasonable examination of the sample. O b. That the buyer will have a reasonable opportunity of comparing the bulk with the sample C. That the bulk will correspond with the sample in quality O d. That the bulk of items will on average correspond with the sample quality
What is the definition of consideration and what general principles apply to its presence in contracts? Define promissory estoppel.
A. Does a contract have to be in writing? B. List three types of terms in a contract. C. Distinguish terms in a contract from a representation.
A contract has become more difficult of performance due to some un-contemplated events or delays .The contract Question 11Answer a. becomes voidable. b. is discharged c. becomes void d. is not discharged
What is the test for whether a term is a condition? pick one answer from the following: The parties have described the term as a 'condition' or 'essential'. The promisee would not have entered the contract unless assured of strict or substantial performance of the relevant promise. Whether the term provides that performance of the contract is conditional on a contingency being fulfilled, such as finance being obtained, or development consent being granted. It was apparent to the promisor that the promisee would not have entered the contract unless assured of strict or substantial performance of the relevant promise.
Why is past consideration no consideration at all? The adequacy of past consideration is difficult to determine. Past consideration is considered to be illusory. Past consideration may involve parties who are not involved in the current contract. Past consideration was provided before the current contract was made, and the current contract requires a benefit that has not yet been conferred.
A purchaser enters a contract to purchase land from a seller. The contract provides that the settlement date is 1 March but time is not of the essence. Is the following statement true or false? ‘The purchaser is not legally obligated to settle the transaction on 1 March.’ True or False?