How do I answer a UK contract formation problem question?
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The question
My UK contract law problem question involves emails, a price quote and a late acceptance. I need to decide whether a binding contract was formed.
I know the elements are offer, acceptance, consideration and intention, but I struggle to apply them to messy facts.
Short answer
A UK contract formation answer should identify offer, acceptance, consideration, intention to create legal relations and certainty of terms. The highest marks come from applying each element to the facts rather than reciting definitions.
Full expert answer
Law tutor
LLM, solicitor (non-practising)
Contract formation problem questions are usually written to test issue spotting. The facts often include an advert, a quote, a counter-offer, silence, delayed communication or informal language. Your job is to decide whether the parties reached a legally binding agreement, not simply to list the ingredients of a contract.
This page is for academic legal writing only. It is not legal advice.
What the question is asking
The question is asking whether a contract came into existence and, if so, when and on what terms. A good answer usually considers:
- offer
- acceptance
- consideration
- intention to create legal relations
- certainty of terms
- communication problems
- counter-offers or conditional replies
You should use IRAC in short sections: issue, rule, application, conclusion.
Mini problem example
Scenario: A laptop seller emails a student: "I can sell my laptop for 600 if you let me know by Friday." The student replies: "Would you take 550?" The seller says no. On Friday afternoon, the student emails: "Fine, I accept 600." The seller has already sold the laptop to someone else.
The key issue is whether the student's first reply was acceptance or a counter-offer. "Would you take 550?" may be analysed as a counter-offer or possibly a request for information, depending on wording. If it is a counter-offer, it may reject the original offer, so the later "I accept 600" may not create a contract unless the original offer was revived. If it is only a request for information, the original offer may still be open until Friday.
The mark comes from explaining both possible readings and reaching a reasoned conclusion.
Sample university-style questions and how to answer them
| Sample question | What a strong answer should do |
|---|---|
| An online advert says "first come, first served". Is it an offer or invitation to treat? | Discuss whether the advert shows clear intention to be bound to anyone who responds, or whether it merely invites offers. Apply the wording closely. |
| A buyer responds to a quote with different delivery terms. Has acceptance occurred? | Explain mirror-image acceptance and counter-offer. Decide whether the reply accepts the original offer or proposes new terms. |
| A party says "I will think about it" and later claims there was a contract. | Analyse whether acceptance was clear, final and communicated. Silence or uncertainty will usually be problematic. |
| Friends agree over dinner to split future business profits. Is there intention to create legal relations? | Discuss social or domestic context versus commercial context, then apply evidence of seriousness, writing, reliance and certainty. |
| A customer pays a deposit after receiving draft terms. Are the terms incorporated? | Consider whether the contract had already formed, whether terms were brought to attention, and whether payment indicated acceptance. |
Common mistakes
- Treating every advertisement as an offer
- Saying acceptance happened without checking whether it matched the offer
- Ignoring timing and communication
- Forgetting intention to create legal relations
- Writing a long essay on all contract law instead of the disputed elements
- Giving a definite answer when the facts are intentionally arguable
What earns higher marks
Use the facts as evidence. Instead of saying "there must be offer and acceptance", write: "The phrase 'I can sell for 600 if you let me know by Friday' is more definite than a mere invitation, because it identifies the item, price and deadline. That supports offer, although the informal context may still be considered."
That style shows legal reasoning. The rule matters, but application earns the marks.
Academic use note
This content is for UK law assignment support and legal education. It is not legal advice. Always use the cases and jurisdiction required by your module.
Sources and further reading
This answer explains a method for you to apply to your own work. Copying it into a submission would count as plagiarism, and it is indexed by similarity checkers.
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