EXAM FOCUS definition
EXAM FOCUS. The Examiner has commended candidates who use the objective test to establish whether an offer was seriously meant; specifically, she has commented: “Stronger candidates demonstrated a good ability to apply the legal principles set out in these cases to the law – for example, by discussing whether a reasonable person would believe the offer was seriously meant” See: Question 1, October 2017, Examiner’s Report. A unilateral offer may be described as an offer capable of being converted into an agreement by some clear act of acceptance. Such an offer must consist of a definite promise to be bound. A unilateral offer may thus be defined as an offer which involves performance on one side making obligatory the promise on the other side.
EXAM FOCUS. The Examiner has previously commented on what she expects to see in an answer based on a question relating to auctions: “In particular candidates would be expected to explain that generally in an auction the auctioneer invites bids, the bidder then makes an offer, and the acceptance is when the hammer falls. Candidates would also be expected to discuss what happens when a sale occurs “without reserve”. (See: Question 6(b) October 2015, Examiner’s Report ▇▇▇▇▇ suggests that “[t]▇▇▇▇▇▇ are little more than written auctions where people are invited to tender an offer to undertake some work or purchase some goods.” The mere advertisement of a tender constitutes an invitation to treat. When a supplier puts in a bid in response, this constitutes an offer capable of acceptance. Suppose, however, that an advertisement indicates that the purchaser will accept the lowest tender, and that the purchaser subsequently fails to do so. Just as in the case of auctions, such an advertisement will generally be treated as a separate offer, capable of acceptance by submitting a bid, which will then form a separate contract in which the purchaser undertakes to accept the lowest bid. The locus classicus in this area is the case of ▇▇▇▇▇▇▇ ▇ ▇▇▇▇▇▇▇ (1870) LR 5 CP 561 an English contract law case concerning the requirements of offer and acceptance in the formation of a contract. The case established that an offer inviting tenders to be submitted for the purchase of stock did not amount to an offer capable of acceptance to sell that stock, but rather amounted to an invitation to treat. The Defendants sent out a circular containing the following wording: The Defendants did not promise to sell the stock to the highest bidder for cash. The Plaintiffs sent a tender to the Defendants which, following the submission of all tenders, was the highest tender. The Defendants refused to sell the stock to the Claimants. ▇▇▇▇▇▇ J. held that the circular was not an offer, but merely an invitation to gather tenders, upon which the Defendants were entitled to act. No obligation arose as a result of the notice. Tender notices are regarded as invitations to treat and will frequently include language to make clear that they do not constitute an offer for the purposes of the law of contract. ▇▇▇▇▇▇▇▇▇ comments that “[w]hen an advertisement is published (by the party known as the ‘invitor’) seeking to invite tenders from prospective contractors, it will normally be regarded as an invitation to treat. W...
Examples of EXAM FOCUS in a sentence
EXAM FOCUS: Candidates will sometimes see in problem questions “we can keep it for you until the weekend”.