Which of the following statements is always TRUE?

Question

BlackTom AI · Accepted Answer

To tackle which statement is always true, let’s evaluate each option against established contract-law notions about offer and acceptance.
Option a: 'An offer will not be rejected by the offeree doing something that is inconsistent with an intention to accept.' This is misleading. In contract law, conduct inconsistent with acceptance can amount to rejection or counter-offer, not acceptance. If the offeree acts in a way contrary to agreeing to the terms, the offer is typically considered rejected or terminated, not accepted, so this statement is not universally true.
Option b: 'Intention is determine by the courts on a subjective basis.' The ambiguity here lies in terminology: courts generally determine intention objectively by how a reasonable person would interpret the words and conduct, not by the internal, private intention of the parties. Relying on a purely subjective test would undermine predictability in contract formation. Hence this statement is incorrect as a general rule.
Option c: 'If an offer is made to one person any person may accept it.' This is wrong because an offer to a specific person creates a singular opportunity to accept that is limited to that offeree. Allowing anyone else to accept would undermine the concept of a binding offer made to a particular offeree. Therefore, this option is not universally true.
Option d: 'Acceptance must be unqualified.' In many legal systems, acceptance must be unequivocal and match the terms of the offer (the mirror image rule). Any qualification or variation can constitute a counter-offer rather than an acceptance, so acceptance typically must be unqualified to form a contract under standard doctrine. This aligns with the principle that a valid acceptance mirrors the offer, without adding or changing material terms. Therefore, this statement is the one that holds true across typical scenarios.
As a result, the reasoning shows why each of the other statements fails to be universally true, and why the unqualified nature of acceptance is the consistent requirement across many contract-law contexts. The focus remains on alignment with offer terms and the standard logic of acceptance, avoiding any ambiguity about the formation of a binding contract.

Which of the following statements is always TRUE?单项选择题

类似问题

A key element of a valid offer is the intent : The offeror must genuinely intend to be legally bound if the offer is accepted.

Advertisements are often invitations to make an offer. In most cases, we are still at preliminary stage and therefore we are not in front of a valid offer.

An offer may be defined as a statement of willingness to contract on specified terms made with the intention that, if accepted, there will arise a binding contract.

Advertisements are often invitations to make an offer. In most cases, we are still at preliminary stage and therefore we are not in front of a valid offer.

An offer may be defined as a statement of willingness to contract on specified terms made with the intention that, if accepted, there will arise a binding contract.

April put an advertisement in the newspaper advertising the sale of her computer for $500. Simultaneously, six people responded to the ad by mail with formal written acceptances. April is bound on all six contracts to sell her computer for $500.

更多留学生实用工具

智能学习助手

风格化写作助手

论文查重助手

文献引用助手

课堂转译助手

课堂笔记助手

Quiz搜索助手

学校历年真题

智能刷题助手

智能匹配练习

希望你的学习变得更简单