Problem questions involving formation issues are frequently seen in A-level law exams. The exact moment of contract formation is important to establish: it is from this point onwards that both parties are bound by the terms of the contractual agreement. Any refusal to perform the agreed terms from this point can lead to claims for breach of contract and subsequently result in the potential termination of a contract and order of damages.
Formation of contract is normally easy to evidence, for example when placing an order online (offer) and receiving order confirmation (acceptance), or a shop exchanging payment for a product, the proof of the sale being provided by a receipt.
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