Hi! I have a contract exam next week about offer and acceptance, I've been attempting some practise questions during which I have realised I have no idea how to structure my answer! Any help would be much appreciated, thanks
Contract exam Watch
- Thread Starter
- 09-12-2010 21:24
- 09-12-2010 22:08
I am not sure you can have a universal structure, it surely depends on the question.
My knowledge of contract law is :
a. very old
b. based on Scots Law
However the key points to me would be:
Know your cases re all the undernoted:
Consider timing re offer/acceptances; post, acceptable form of acceptance etc
Capacity to contract, void and voidable
In Scotland consider "Unilateral Gratuitious Promise"
Required proof for the type of contract (land etc) Writ/ Oath of other party, but also in Scotland "Homologation" and "Rei Interventus"
Unfair Contract Terms Act
Sale of Goods Act
Relevant employment legislation if your course strays into this area.
If in England a lot of the above may be redundant, I am afraid I have no knowledge of English Law.
Sorry I can't be more specific/ helpful, good luck.
- 10-12-2010 00:10
In problems you need to be as systematic as possible - this way you clearly consider all of the issues, it makes sense, you don't miss stuff out and it is easy for an examiner to follow
I find the best approach in offer and acceptance questions is to go through each statement/event, one by one, and establish what its legal significance is. Consider whether it is a valid offer or acceptance (or a invitation to treat or a counter offer), and if relevant consider what that statement/event takes effect.
Then its just a matter of stating and applying that you need an offer and acceptance.
n.b. I'm assuming we are talking about questions that are only about o+a and whether there is a contract in the first place; not battle of the forms type cases where we have separate offers going back and forth and end up with partial performance and/or acceptance by conduct and have an issue as to what the terms are - that's a wee bit more complicated