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Offers Last Forever Unless Expressly Revoked. Critically Evaluate This Statement as It Relates to the Formation of Contracts

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UNIVERSITY OF CAMBRIDGE INTERNATIONAL EXAMINATIONS
GCE Advanced Level

MARK SCHEME for the May/June 2009 question paper for the guidance of teachers

9084 LAW
9084/03

Paper 3, maximum raw mark 75

This mark scheme is published as an aid to teachers and candidates, to indicate the requirements of the examination. It shows the basis on which Examiners were instructed to award marks. It does not indicate the details of the discussions that took place at an Examiners’ meeting before marking began, which would have considered the acceptability of alternative answers.
Mark schemes must be read in conjunction with the question papers and the report on the examination. •

CIE will not enter into discussions or correspondence in connection with these mark schemes.

CIE is publishing the mark schemes for the May/June 2009 question papers for most IGCSE, GCE
Advanced Level and Advanced Subsidiary Level syllabuses and some Ordinary Level syllabuses.

www.xtremepapers.net

www.studyguide.pk
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Mark Scheme: Teachers’ version
GCE A LEVEL – May/June 2009

Syllabus
9084

Paper
03

Assessment Objectives
Candidates are expected to demonstrate:
Knowledge and Understanding


recall, select, use and develop knowledge and understanding of legal principles and rules by means of example and citation

Analysis, Evaluation and Application


analyse and evaluate legal materials, situations and issues and accurately apply appropriate principles and rules

Communication and Presentation


use appropriate legal terminology to present logical and coherent argument and to communicate relevant material in a clear and concise manner.

Specification Grid
The relationship between the Assessment Objectives and this individual component is detailed below.
The objectives are weighted to give an indication of their relative importance, rather than to provide a precise statement

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Offers Last Forever Unless Expressly Revoked. Critically Evaluate This Statement as It Relates to the Formation of Contracts.

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...Question: “Offers last forever unless expressly revoked” Critically evaluate this statement as it relates to the formation of contracts. Answer: An offer is where one party namely the offeror outlines the terms and conditions under which he is willing to be legally bound and the offeree is the person to whom the offer is made. It may be contested that an offer never last forever and there are several situations where an offer can be terminate and these can range from lapse of reasonable time, failure of a pre-condition to counter offer amongst others. If an offer is not accepted then there can be no legal contract between both parties An offer may be terminated when reasonable time has lapsed as was in the case of Ramsgate Victoria Hotel v Montefore (1866) where the defendant applied for shares in the hotel company. He heard nothing and then after 5 months he received a letter of acceptance. By this time he had decided that he did not want the shares. The courts held that the lapse of time was so great that the offer to buy the shares had lapsed. This case shows that an offer doesnot last forever. Where an offer was made subject to a pre-condition and it was found that the condition was not what had been expressed in the offer, the offeree can refuse the offer as expressed in the case Financing Ltd v Stimson (1962). In this case, the defendant signed an "offer to buy" a car on hire-purchase from a finance company. The document had been given to him by the...

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