Contract Law Questions

When is time of the essence in contract law? A missed deadline does not always give the innocent party the right to terminate a contract. This article explains what “time is of the essence” means, when deadlines become legally fundamental, and the remedies available when they are breached. Learn how courts distinguish between essential and non-essential time obligations, with practical examples and exam-focused guidance.

What is a counter-offer in contract law? A counter-offer occurs when an offeree responds to an offer by proposing different terms instead of accepting it outright. As established in Hyde v Wrench (1840), a counter-offer rejects and terminates the original offer, meaning it can no longer be accepted. This article explains the rules governing counter-offers, distinguishes them from requests for information, and provides practical exam tips for law students and SQE candidates.

What is an offer in contract law? This guide explains one of the fundamental concepts of contract formation. Learn how to identify a valid offer, distinguish it from an invitation to treat, and understand key cases including Carlill v Carbolic Smoke Ball Co, Payne v Cave, and Felthouse v Bindley. Perfect for law students preparing for exams or revising offer and acceptance principles.

Can silence amount to acceptance in contract law? This article explains the general rule that silence does not usually amount to acceptance, examines the leading case of Felthouse v Bindley (1862), and explores when acceptance may instead be inferred from conduct. Ideal for law students and SQE candidates, it includes key principles, case law, exam tips and practical examples to help you tackle offer and acceptance questions with confidence.

When is a contract frustrated? Learn the legal test, key cases, exam tips and the effects of frustration in English contract law.

What is a mode of acceptance in contract law? Can an offeror insist on a particular method of acceptance, and what happens if the offeree uses a different one? This article explains the rules governing the communication of acceptance, the distinction between mandatory and suggested methods, and the key case of Manchester Diocesan v CGI (1970).

What is promissory estoppel, and when can it stop someone enforcing their contractual rights? In this Contract Law Questions article, we explain the doctrine of promissory estoppel, its key requirements, and the leading cases every law student needs to know. Learn why High Trees transformed contract law, what "shield not sword" means, and how promissory estoppel can provide an important exception to the rules of consideration.

Can a contract be formed before an acceptance letter is received? The postal rule says yes. In this first edition of Contract Law Questions, we explain one of the most famous exceptions to the normal rules of acceptance. Learn when the postal rule applies, why Adams v Lindsell is still important today, and how to spot postal rule issues in problem questions, exams, and the SQE1. A must-know topic for every contract law student.