ABSTRACT
For instance, taking the case of R v Clarke (Chapter 2), the theory of this may seem to be a straightforward rule, and a relatively small issue, that is, whether a person would be considered to have formed a contract if the actions required for acceptance were performed without knowing of the offer. We can learn the answer to this easily – the outcome of the case, that no contract is formed, is the ‘rule’. However, further thought may stimulate the question of whether this is fair or sensible in every case.
