Which of the following statements is always TRUE?

Question

BlackTom AI · Accepted Answer

Unqualified acceptance (the “mirror‑image” rule) means the offeree’s assent must match the terms of the offer exactly for a binding contract to arise.

1. Relevant knowledge points and concepts
- Offer and acceptance: an offer is a proposal capable of acceptance; acceptance is an unqualified assent to the terms.  
- Mirror‑image rule: acceptance must be identical to the offer; any variation is a counter‑offer, which rejects the original offer.  
- Who may accept: only the person(s) to whom the offer is made (the offeree) can accept.  
- Intention to create legal relations and acceptance are judged objectively by the courts (what a reasonable person would infer), not by the parties’ secret subjective intentions.  
- Conduct can amount to acceptance or rejection depending on its objective meaning.

2. Step‑by‑step reasoning
- For a contract to form, there must be an offer and an acceptance that is clear and unconditional. That is exactly what “acceptance must be unqualified” states.  
- If the offeree changes terms, that response is a counter‑offer (it does not accept the original), so acceptance must remain unqualified.  
- Courts use the objective test: they ask what a reasonable observer would conclude from words/actions; this supports that acceptance must be manifest and unqualified.

3. Calculations
- Not applicable.

4. Why the correct answer is correct
- Option (a) restates the fundamental mirror‑image principle: acceptance must be an unqualified assent to the offer’s terms. This is always true for formation of a contract under traditional contract law.

5. Why the other options are incorrect
- (b) False: an offer made to a specific person can only be accepted by that person (not anyone).  
- (c) False: conduct inconsistent with acceptance can amount to rejection or counter‑offer; such conduct can prevent acceptance.  
- (d) False: intention is determined objectively by the courts, not on a purely subjective basis.

6. Conclusion
Therefore the always‑true statement is (a) Acceptance must be unqualified, which matches the provided answer.

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

类似问题

The advertisement in the case of Carlill v Carbolic Smoke Ball Co was a

Which case established the rule that once an offer is countered, it can no longer be accepted?

The legal principle which arises in the case of Hyde v Wrench focus primarily on:

The case of Harvey v Facey established that

The case of Brinkibon Ltd v Stahag Stahl concluded that

For acceptance to be valid, it must

Anne found the home of her dreams on Friday and made an offer on it that day. The seller of the home accepted her offer on Tuesday. Choose the most correct statement:

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