GHANA SCHOOL OF LAW ENTRANCE EXAMNATION REVISION 14TH INTERCTIVE SESSION- OFFER AND ACCEPTANCE Q & A

A. FORMATION - OBJECTIVE TEST OF AGREEMENT
1. What reasoning is sometimes used to support the general objective test of intention in contract law?
a. One contracting party could not be certain that the other party has a clear understanding of the existence of the contract.
b. The parties' subjective intentions may have changed from the time they negotiated the contract to the time the contract was entered into.
c. Each party would find it difficult to ascertain the subjective intention of the other party in the event of a dispute.
d. All of the options given are correct.
2. The formal test of agreement is achieved through the concept of
a. Deed
b. Parties’ conduct
c. Promise
d. Bargain
3. The outward expression of a common intention of parties to a contract and of expectation normally takes the form of a/an
a. Promise
b. Agreement
c. Bargain
d. Offer
4. How is the existence of a contract discerned by law
a. By way of looking subjectively at the intentions of the parties and their conduct prior to and at the time of entering into the contract
b. By way of applying an objective test based on a reasonable man test
c. By way of an objective evaluation based on a reasonable man test but in answering this test one looks at the circumstances surrounding the parties
d. All of the above
B. OFFER AND ACCEPTANCE
1. Which of the following could give rise to a unilateral contract?
a. In return for B promising to run a marathon, A will sponsor B GHS 500
b. In return for B completing a marathon, A will sponsor B GHS 500
c. Both of the options given are correct.
d. None of the options given is correct.
2. In which of the following situations would B be entitled to the reward given in the offer of the contract on completion of the required act?
a. B reads a poster on a lamp-post offering a reward of GHS 50 for finding a lost cat, 'Lucky'. B later finds the cat and returns it to its owner
b. B finds a lost dog and takes it to a pet rescue centre. The dog is subsequently reunited with its owner. B later finds an advertisement in a newspaper of a GHS 100 reward for the return of the dog.
c. B finds a lost dog and takes it to the police. B expects a reward from the owner for finding the dog. The dog is then returned to the owner. One week later, B finds out that the owner had sent flyers around the neighbourhood offering a GHS 75 reward for finding the dog.
d. All of the options given would entitle B to the reward.
3. In which of the following situations would the courts most likely prevent A from revoking the offer of a unilateral contract?
a. A promises to pay B an extra GHS 500, on top of the GHS 5000 B has received from other sponsors, if B completes a walk of the Cheviot Hills. Before B sets off on the walk, A telephones B to tell B that he revokes the offer.
b. A promises B to pay B GHS 1000 if B can change the specifications of his car such that the car can complete a lap of a race course in 5 minutes. A revokes his offer during the lap.
c. A promises to pay B GHS500 if B locates a rare gemstone in the Himalayas, but A states that he may need to revoke the offer at a later time. A revokes the offer just as B arrives at the foot of the mountains.
d. A promises B to double the amount he is willing to sponsor B for running a marathon if B raises a level of sponsorship which A deems impressive. After B has raised GHS 1500, A states he is unwilling to keep to the agreement.
4. In Carlill v Carbolic Smoke Ball Co, which factors led the court to the conclusion that a unilateral contract had been formed?
a. Mrs Carlill used the ball for two weeks, as requested in the advertisement.
b. The advertisement stated that £1000 had been deposited with a bank.
c. The offer was made to the public
d. All of the options given are correct.
5. In which of the following situations would communication of an acceptance likely be required?
a. A college writes to its 500 students offering them one-to-one tuition with a famous professor if any of them get a mark above 80% in their mock examination
b. A circus writes in a newspaper that it will provide a reward to the first 10 people who inform the circus that they have access to a three-legged animal.
c. A circus states in one of its flyers that it will provide free entry to anyone who turns up dressed as a clown.
d. All of the options given would require the communication of an acceptance.
8. Under Ghanaian law, a promise to keep an offer open for acceptance for a specified period of time is not binding on the offeror in the absence of consideration
a. True
b. False
9. In one of the following cases it was held that for communication by instantaneous or near-instantaneous means, the contract becomes complete only when acceptance is actually communicated to or received by the offeror
a. Adams v Lindsell
b. Carlill v Carbolic Smoke Ball Co
c. Entores Ltd v Miles Far East Corp
d. Hyde v Wrench