offer and acceptance

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7 Terms

1

What is meant by 'meeting of minds' in contract law?

It refers to 'consensus ad idem', indicating that both parties have a mutual understanding and agreement.

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2

What is the difference between an agreement and a contract?

All contracts are agreements, but not all agreements are contracts.

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3

What test do courts apply when determining if a contract is formed?

Courts apply an objective test, focusing on what was said and done outwardly, rather than the actual intent in a person's mind.

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4

Define 'offer' in contract law.

An offer is an expression of willingness to contract on certain terms, intended to be binding upon acceptance.

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5

What was the issue in Guthing v Lynn regarding the offer?

The offer concerning payment for a 'lucky' horse was too vague and thus unenforceable.

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6

What did Lord Denning say regarding contract formation?

A contract is formed when there is, to all outward appearances, a contract.

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7

In the context of offers, what are 'invitations to treat'?

Statements made during negotiations that are not binding offers, but invite others to make offers.

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