1. In auctions, the auctioneer makes an invitation to treat when inviting bids on each item being...
Question:
1. In auctions, the auctioneer makes an invitation to treat when inviting bids
on each item being sold. Explain in your own words how an offer is made
and how acceptance works in an auction
2. From your own understanding of the definition of auctions and tenders,
identify some differences between the 2.
3.What do you understand about the landmark case of Carlill v Carbolic Smoke Ball Co? Why is this case significant?
4. What were the 2 defences/arguments raised by the defendant company
in the Smoke Ball Case?
5. Why were the defences above rejected by the court?
6. Acceptance was satisfied because Mrs Carlill actions/conduct met certain
requirements in the Smoke Ball case. What were these
conditions/requirements? Explain why it is not normally possible to effect
acceptance in this way. What is this type of contract called?
7. The general rule around Acceptance is that it must be communicated.
Name 2 exceptions to this rule.
8. What is the general rule that arises from a "Battle of the Forms"?