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)

  1. Comment critically on each of the following:
  1. 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

8 minfor 4 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

  1. Read; underline the asks; jot your points 1 min
  2. 1 Acceptance must be communicated 2 marks 3 min
  3. 2 Brogden's case 2 marks 3 min
  4. 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

#ComponentMarks
1Acceptance must be communicated2
2Brogden's case2
Total4
Keyboard: ← → previous and next question, / search

Report a problemopens an email to admin@getkunji.com with the question ID205-Q1aORiiialready filled in.