offer and acceptance

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7 Terms

1
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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.

2
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What is the difference between an agreement and a contract?

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

3
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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.

4
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Define 'offer' in contract law.

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

5
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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.

6
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What did Lord Denning say regarding contract formation?

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

7
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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.