1.Easy
A term that the parties did not state, but which a court reads into the contract, is:
- AA collateral warranty
- BAn express term
- CAn implied term
- DA condition precedent
2.Easy
Under the UK Consumer Rights Act 2015, goods supplied by a trader to a consumer must be:
- ASold below the recommended retail price
- BOf satisfactory quality, fit for purpose and as described
- CBrand new and in their original packaging
- DCovered by a five-year manufacturer guarantee against all defects
3.Easy
In English law, "past consideration" is generally:
- AGood consideration only between family members
- BGood consideration if it was valuable
- CRequired for every contract
- DNot good consideration
4.Medium
A hotel guest sees an exclusion notice in her room only after booking and paying at reception. Under Olley v Marlborough Court Hotel, the notice is:
- APart of the contract, because she stayed in the room
- BPart of the contract, because hotels may exclude liability
- CNot part of the contract, because it came after formation
- DBinding from the second night onwards
5.Medium
A sailor is to be paid only on completing a voyage, but dies part of the way. Under the strict rule applied in Cutter v Powell:
- AA proportion of the wages was payable
- BThe full wages were payable
- CThe ship owner had to pay compensation
- DNothing was recoverable for the part performed
6.Medium
Under EU consumer law, a consumer who buys online usually has the right to withdraw within:
- ANo time, because online sales are final
- B3 days, only with a reason
- C30 days, only if the goods are defective
- D14 days without giving a reason
7.Hard
Under the Vienna Sales Convention (CISG), a reply to an offer that adds non-material terms:
- AIs always a rejection
- BHas no legal effect
- CCreates a contract only after a court confirms that the added terms are non-material
- DIs an acceptance, unless the offeror objects without undue delay
8.Hard
A buyer purchases oats thinking they are old oats. The seller knows they are new, but made no statement or promise that they were old. Under Smith v Hughes:
- AThe contract is voidable, because the seller's silence amounted to a misrepresentation
- BThe seller had a duty to correct the buyer
- CThe contract is void for unilateral mistake
- DThe contract is binding, because a mistake about quality alone is not enough
Answer key
- 1. C · An implied term
- 2. B · Of satisfactory quality, fit for purpose and as described
- 3. D · Not good consideration
- 4. C · Not part of the contract, because it came after formation
- 5. D · Nothing was recoverable for the part performed
- 6. D · 14 days without giving a reason
- 7. D · Is an acceptance, unless the offeror objects without undue delay
- 8. D · The contract is binding, because a mistake about quality alone is not enough
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