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Exam (elaborations)

1L Contracts Exam Questions and Answers 100% Solved

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1L Contracts Exam Questions and Answers 100% Solved contract - a promise or set of promises the breach of which the law provides a remedy offer - present manifestation of a willingness to enter into a bargain, so made as to justify another person in understanding that his assent to that barga...

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  • October 10, 2024
  • 17
  • 2024/2025
  • Exam (elaborations)
  • Questions & answers
  • 1L Contracts
  • 1L Contracts
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JOSHCLAY
©JOSHCLAY 2024/2025. YEAR PUBLISHED, 2024.
1L Contracts Exam Questions and

Answers 100% Solved


contract - ✔✔a promise or set of promises the breach of which the law

provides a remedy

offer - ✔✔present manifestation of a willingness to enter into a bargain,

so made as to justify another person in understanding that his assent to

that bargain is invited and will conclude it

option contract - ✔✔a promise which meets the requirement for the

formation of a contract and limits the promisor's power to revoke an offer

ways to terminate an offer - ✔✔rejection/counter-offer, lapse of time,

revocation by the offeror, or death or incapacity of the offeror or offeree

rejection - ✔✔an offeree's termination of her power of acceptance unless

there is a contrary intention of offeror or of offeree to take the offer under

further advisment

counter-offer - ✔✔an offer made by an offeree that is related to the

original offer but proposes a substituted bargain

,©JOSHCLAY 2024/2025. YEAR PUBLISHED, 2024.
revocation - ✔✔termination of the offer by the offeror that is

communicated to the offeree through words or actions before the offeree

accepts the offer; can be communicated by a reliable third party

forms of acceptance - ✔✔offeror may invite or require acceptance; the

offeror is the master of his offer

R2 45 - ✔✔in unilateral contract, an option contract is created when the

offeree tenders the beginning of it

time of acceptance - ✔✔when made in a manner and by a medium

invited by, an offer is operative and completes the manifestation of mutual

assent as soon as put out of the offeree's possession, without regard to

whether it ever reaches the offeror (except in the case of an option K -

mailbox rule)

consideration - ✔✔what is being exchanged through a contract

mutual assent - ✔✔a present willingness to enter into a bargain; meeting

of the minds; modern test - objectivity

elements of mutual assent - ✔✔offer and acceptance

acceptance - ✔✔An offeree's assent, either by express act or by

implication from conduct, to the terms of an offer in a manner authorized or

, ©JOSHCLAY 2024/2025. YEAR PUBLISHED, 2024.
requested by the offeror, so that a binding contract is formed; can be

through words, actions, or even sometimes silence or inaction; objective

ways to keep an offer open - ✔✔option with consideration, R2 45,

promissory estoppel, and statutes

option contract - ✔✔a promise which meets the requirements (namely,

consideration) for the formation of a contract and limits the promisor's

power to revoke and offer

Unilateral K - ✔✔a promise for an act; act is both acceptance and

consideration

mailbox rule - ✔✔acceptance is effective upon transmission (i.e. when

the letter is put in the mailbox)

benefit/detriment test - ✔✔common law test; promise must be a benefit

to the promisor OR a detriment to the promisee

bargained for test - ✔✔modern test; promises/acts are being exchanged

for one another; value is not weighed but there must be actual inducement

taking place

keeping unilateral K open - ✔✔when performance has been tendered,

the offeror must keep keep the offer open for amount of time to reasonably

complete the act

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