Question 1 OR (a) part iii
Mere mental assent is no acceptance
4 marks
- Time to write
- About 8 minutes
- Notes
- Crux notes
Question
Question 1 OR (a) part iii · 4 marks(OR)
- Comment critically on each of the following:
- Mere mental assent is not acceptance.
Reworded from the university paper; the task is the same. The original paper belongs to the University of Delhi. See DU's question bank.
Before you write
Read off the question and its marks
Read from the question
- (a)–(iii)2 items, each marked on its own: give each its share.
- criticallyBoth sides: the strengths, the limits, then your own view.
What the paper leaves open
Marked as one question of 12 marks; answered here in 3 parts of 4 marks each (marks inferred).
Write it in this order
- Read; underline the asks; jot your points 1 min
- 1 Acceptance must be communicated 2 marks 3 min
- 2 Brogden's case 2 marks 3 min
- Check: every ask answered, key terms underlined 1 min
Short on time? Trim steps 1 and 2 evenly rather than skip one: each is capped at its own marks.
Try it first. About 8 minutes for 4 marks. Write it out, then open the solution.
Solution
Hover or tap a marked figure, like 72,000, to see how it is made and where else it appears.
(iii) Comment. The statement is correct. To conclude a contract the acceptance must be communicated in some perceptible form. In Brogden v. Metropolitan Railway Co. (1877), the company's manager wrote "Approved" on a proposed agreement for the supply of coal and put it in his drawer, meaning to send it to the company's solicitors; it was held that there was no contract, because he had not communicated his acceptance. A decision to accept that stays in the offeree's mind is no acceptance.
Where the 4 marks sit
| # | Component | Marks |
|---|---|---|
| 1 | Acceptance must be communicated | 2 |
| 2 | Brogden's case | 2 |
| Total | 4 |
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