Question 1

When you purchase goods at an online auction,who makes the offer,who accepts the offer,and when and where is the contract formed?

Accepted Answer

When you participate in an online auctio

Question 2

In relation to contract law an invitation to treat is best described as:

Accepted Answer

A) an offer to accept an offer. 
B) an offer. 
C) an offer to offer an offer. 
D) an offer to consider offers. 
A) an offer to accept an offer. 
B) an offer. 
C) an offer to offer an offer. 
D) an offer to consider offers.

Question 3

If an offer and acceptance cannot be identified,there can never be a contract.

Accepted Answer

A) True 
 B)False

Question 4

If the postal rule applies,the contract is made at the place where the letter of acceptance is received.

Accepted Answer

A) True 
 B)False

Question 5

Which of the following is NOT a requirement of a valid revocation of an offer?

Accepted Answer

A) The revocation must take place prior to acceptance of the offer by the offeree. 
B) The offeree must be made aware of the revocation of offer. 
C) The offeror must give notice of the revocation to the offeree. 
D) The offeror must sign and date the revocation of offer. 
A) The revocation must take place prior to acceptance of the offer by the offeree. 
B) The offeree must be made aware of the revocation of offer. 
C) The offeror must give notice of the revocation to the offeree. 
D) The offeror must sign and date the revocation of offer.

Question 6

Only the person or persons to whom an offer is made are capable of accepting the offer.

Accepted Answer

A) True 
 B)False

Question 7

If an agreement is made between two parties of unequal bargaining power:

Accepted Answer

A) the court will not enforce the agreement. 
B) the court will nevertheless enforce the agreement. 
C) the court will not enforce the agreement if the pressure used by the stronger party was unconscionable. 
D) the court will only enforce the agreement if the weaker party could have chosen to deal with another person,but did not do so. 
A) the court will not enforce the agreement. 
B) the court will nevertheless enforce the agreement. 
C) the court will not enforce the agreement if the pressure used by the stronger party was unconscionable. 
D) the court will only enforce the agreement if the weaker party could have chosen to deal with another person,but did not do so.

Question 8

In order to be contractually binding on the parties,an agreement:

Accepted Answer

A) may arise by implication as a result of the conduct of the parties. 
B) must be expressed in writing and signed. 
C) must be expressed in writing but need not be signed in all cases. 
D) must be either expressed in writing or expressed verbally. 
A) may arise by implication as a result of the conduct of the parties. 
B) must be expressed in writing and signed. 
C) must be expressed in writing but need not be signed in all cases. 
D) must be either expressed in writing or expressed verbally.

Question 9

It is essential to determine whether an agreement exists because:

Accepted Answer

A) a contract comes into existence once agreement is reached. 
B) the terms and conditions agreed to create legally enforceable rights. 
C) it helps to determine the time and place of the contract. 
D) all of the above. 
A) a contract comes into existence once agreement is reached. 
B) the terms and conditions agreed to create legally enforceable rights. 
C) it helps to determine the time and place of the contract. 
D) all of the above.

Question 10

Identify the contractual clause which may cause a contract to terminate upon the occurrence of a particular event.

Accepted Answer

A) A condition precedent. 
B) A condition consequent. 
C) A condition subsequent. 
D) A condition antecedent. 
A) A condition precedent. 
B) A condition consequent. 
C) A condition subsequent. 
D) A condition antecedent.

Question 11

Under the Electronic Transactions Act 1999 (Cth),a contract is formed:

Accepted Answer

A) when the acceptance is sent to the offeror's email address. 
B) when the acceptance is received at the server specified by the offeror. 
C) when the offeror reads the offeree's email. 
D) when the offeree's email is opened and printed out. 
A) when the acceptance is sent to the offeror's email address. 
B) when the acceptance is received at the server specified by the offeror. 
C) when the offeror reads the offeree's email. 
D) when the offeree's email is opened and printed out.

Question 12

In Carlill v Carbolic Smoke Ball Co [1893] 1 QB 256,the advertisement placed by the company was:

Accepted Answer

A) an offer. 
B) a statement of intention. 
C) an invitation to treat. 
D) none of the above. 
A) an offer. 
B) a statement of intention. 
C) an invitation to treat. 
D) none of the above.

Question 13

When goods are sold by tender,the offer is accepted and the contract is formed:

Accepted Answer

A) according to the terms on which the invitation to tender is made. 
B) as soon as the announcement is made by the seller. 
C) when the tenderer accepts the sellers offer by submitting a tender. 
D) when the seller accepts the tenderer's offer by accepting the tender. 
A) according to the terms on which the invitation to tender is made. 
B) as soon as the announcement is made by the seller. 
C) when the tenderer accepts the sellers offer by submitting a tender. 
D) when the seller accepts the tenderer's offer by accepting the tender.

Exam 7: Agreement Between the Parties

When you purchase goods at an online auction,who makes the offer,who accepts the offer,and when and where is the contract formed?

In relation to contract law an invitation to treat is best described as:

If an offer and acceptance cannot be identified,there can never be a contract.

If the postal rule applies,the contract is made at the place where the letter of acceptance is received.

Which of the following is NOT a requirement of a valid revocation of an offer?

Only the person or persons to whom an offer is made are capable of accepting the offer.

If an agreement is made between two parties of unequal bargaining power:

In order to be contractually binding on the parties,an agreement:

It is essential to determine whether an agreement exists because:

Identify the contractual clause which may cause a contract to terminate upon the occurrence of a particular event.

Under the Electronic Transactions Act 1999 (Cth),a contract is formed:

In Carlill v Carbolic Smoke Ball Co [1893] 1 QB 256,the advertisement placed by the company was:

When goods are sold by tender,the offer is accepted and the contract is formed:

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