1.Easy
What is the most common remedy for breach of contract?
- ADamages
- BA fine paid to the state
- CAutomatic transfer of all the defendant's assets
- DImprisonment
2.Easy
Under the Unfair Contract Terms Act 1977, a business cannot exclude or restrict liability for:
- ALoss of profit caused by a supplier
- BDeath or personal injury caused by negligence
- CAny damage to the other party's property
- DLate delivery of goods in a business sale
3.Easy
A term that is fundamental to the contract, whose breach allows termination, is called in English law a:
- AWarranty
- BRepresentation
- CInvitation to treat
- DCondition
4.Medium
Promissory estoppel can prevent a party from:
- AEntering into future contracts
- BSuing for any breach at all, including breaches entirely unrelated to the promise that it made
- CMaking any new promises
- DGoing back on a promise not to enforce strict legal rights, when the other relied on it
5.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:
- ANot part of the contract, because it came after formation
- BBinding from the second night onwards
- CPart of the contract, because she stayed in the room
- DPart of the contract, because hotels may exclude liability
6.Medium
Which of these will usually bar rescission for misrepresentation?
- AThe misrepresentation was innocent rather than fraudulent or negligent
- BThe innocent party affirms the contract after learning the truth
- CThe misrepresentation was made by a company
- DThe contract was made in writing
7.Hard
Liquidated damages clauses are enforceable in English law when:
- AThey are agreed orally only
- BOnly the party in breach benefits from them
- CThey are set as high as possible, so that they deter either party from breaching
- DThey protect a legitimate interest and are not out of all proportion to it
8.Hard
A chartered ship is returned late, and the owner loses a very profitable follow-on charter. In The Achilleas, the House of Lords held the charterer was liable:
- AFor punitive damages, because the delay was deliberate
- BFor no loss, because late return is not a breach
- CFor the whole profit lost on the follow-on charter, as it was foreseeable
- DOnly for the market rate difference during the overrun period
Answer key
- 1. A · Damages
- 2. B · Death or personal injury caused by negligence
- 3. D · Condition
- 4. D · Going back on a promise not to enforce strict legal rights, when the other relied on it
- 5. A · Not part of the contract, because it came after formation
- 6. B · The innocent party affirms the contract after learning the truth
- 7. D · They protect a legitimate interest and are not out of all proportion to it
- 8. D · Only for the market rate difference during the overrun period
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