Pre-Contract Formation Agreements: MCQ
contract mh_cet_law beginner mcq_helpWhat happens to a Pre-Contract Formation Agreement if it's breached before contract formation?
A) Both parties can claim damages B) The breaching party can only claim return of consideration C) The agreement is void D) The breaching party must compensate the other party
My first stupid attempt: I thought it was C) void because I overthought it (happens to me a lot). I thought if it's a pre-contract formation agreement, it's not a contract yet, so how can there be a breach? But then my internship experience kicked in, and I remembered the Pre-Contract Formation Agreements case, Barton v Armstrong (1976). In my internship, we had to read that case, and it clearly states that pre-contract formation agreements can be enforced.
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