Question 1 of 5
Adele and Bella are sisters. On 1st February Adele meets her sister for coffee and mentions that she is looking to buy a car. Bella says she might sell her car and texts Adele later that day saying ‘I want about £100,000 for it’. That evening Adele emails Bella saying ‘Great, I accept your offer’. The next day Bella emails saying she wants £125,000. Discuss whether a contract has been formed between Adele and Bella.
Why: The scenario tests distinction between offer/ITT, counter-offers, and requirements for valid acceptance. Key cases: Gibson (ITT), Hyde v Wrench (mirror image), Felthouse (no silence acceptance). Structure follows exam model: analyze each communication chronologically with case authority.
Question 2 of 5
Peter places an advertisement in the newspaper: '£100 reward for information leading to the return of my lost dog'. Andrew, who heard about it from a friend (without seeing the ad), finds the dog and returns it to Peter. Peter refuses to pay. Advise Andrew.
Why: Tests unilateral offers (Carlill), knowledge requirement (R v Clarke), and performance. Structure: identify offer type, acceptance rules, defenses.
Question 3 of 5
Which of the following is NOT a valid form of acceptance? (A) Silence when the offeror requests it, (B) Performance in unilateral contracts, (C) Verbal assent mirroring the offer, (D) Conduct indicating agreement.
A
Silence when the offeror requests it
B
Performance in unilateral contracts
C
Verbal assent mirroring the offer
D
Conduct indicating agreement
Why: Silence cannot constitute acceptance (Felthouse v Bindley [1862]). Even if offeror requests silence, it is ineffective unless offeree explicitly assumes burden (Re Selectmove obiter). Options B (Carlill), C (Powell v Lee), D (Brogden v Metropolitan Railway) are valid.
Question 4 of 5
State the general rule regarding advertisements in our law of contract. Make reference to relevant case law. (Short answer)
Why: Direct from past paper. Key rule: ITT unless clear unilateral offer.
Question 5 of 5
Commercial agreements are motivated by profit and gain. Explain and evaluate the approach to the intention to create legal relations in commercial agreements.
Why: This model answer provides a comprehensive evaluation with introduction, structured points, key cases, analysis of strengths/weaknesses, and conclusion, meeting 400+ word requirement for full marks. It uses objective test, examples, and critical assessment.
