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PVL3702: LAW OF CONTRACT - CONCEPTUAL EXAM PREPARATION Q&A
Part 1: General Principles & Consensus (Questions 1-25)
1. What is the foundational principle of the law of contract in South Africa?
A. Sanctity of contract
B. Freedom of contract
C. Privity of contract
D. Public policy
2. The case of Bloom v The American Swiss Watch Company established the principle of:
A. Quasi-mutual assent
B. The reliance theory
C. The iustus error doctrine
D. The declaration theory
3. An offer must be:
A. Made in writing to be valid
,B. Communicated to the offeree
C. Accepted by the offeror
D. Supported by initial payment
4. An offer lapses after:
A. A reasonable time
B. Exactly 24 hours
C. The offeree reads it
D. It is drafted
5. The case of Saambou-Nasionale Bouvereniging v Friedman illustrates the importance of:
A. Certainty in contract terms
B. Consideration
C. Legality of object
D. Physical possibility
6. The "subjective theory" of contract focuses on the:
A. Outsider's perception of agreement
B. Actual, internal will of the parties
C. Reasonable belief of the offeree
D. Written document alone
7. A iustus error is a:
A. Minor mistake
B. Justifiable or reasonable error
, C. Error induced by fraud
D. Error in motive
8. The objective theory of contract is used to determine agreement based on:
A. What the parties secretly intended
B. The outward manifestations of intention
C. The moral correctness of the deal
D. The parties' subsequent conduct
9. An invitation to treat is:
A. A firm offer
B. An indication of a willingness to receive offers
C. The same as an option
D. A binding agreement in principle
10. In a "battle of the forms," the courts often apply the:
A. Subjective theory
B. Last-shot doctrine
C. Mirror-image rule strictly
D. Iustus error doctrine
11. Consensus is reached at the moment:
A. The offer is made
B. The offeror intends to accept
C. The offeree's acceptance is communicated to the offeror
D. A written contract is signed