Qld Contract Formation Practice Exam Questions And Answers Already Passed

Thake v Maurice 1986, CA {Ans: doctor reassures couple that the vasectomy would work CA held that can't just take literally what the doctor said, object rule is based in reasonableness..medicine is not an exact science and cannot sue for breach of term of contract because cannot expect doctors reassurance to be nothing more than comforting, unless explicitly asked if the doctor genuinely meant what he said could be relied upon and the doctor said yes then can be treated as warrant may also wish to compare to Platform Funding Ltd v Bank of Scotland plc 2009, pg. 87 Andrews}Scriven Bros v Hindley 1913, KB {Ans: where x's conduct misleads y into contract, where innocently or not- there is no contract auctioneer put misleading chalk marks that led the buyer to believe he was getting hemp instead of tow- the judge directed that even if it were innocently induced it would still vitiate the contract}Battle of the Forms - 4 options {Ans: when have competing proposals which set of terms to enforce --4 options 1) 'last shot' counts = English approach, see Butler case 1979, CA 2) impose the usual implied terms - common law or under