1.Easy
Under the contra proferentem rule, an ambiguous term is interpreted:
- AIn favour of the stronger party
- BAgainst the party who relies on it
- CAs if it were not part of the contract
- DIn favour of the party who drafted it
2.Easy
A vague sales claim such as "the best coffee in the world" is usually treated as:
- AA condition of the contract
- BA mere puff with no legal effect
- CA fraudulent misrepresentation
- DAn implied warranty of quality
3.Easy
Which statement about silence as acceptance is correct in general?
- ASilence usually does not count as acceptance
- BSilence counts as acceptance after 24 hours
- CSilence always counts as acceptance
- DSilence counts as acceptance if the offeror says so
4.Medium
An offer says acceptance must be made "by notice in writing to us". The offeree posts an acceptance, which is lost. Under Holwell Securities v Hughes:
- AThere is no contract, because actual notice was required
- BA contract was formed when the offeree decided to accept
- CThe contract is void for common mistake
- DA contract was formed when the letter was posted
5.Medium
What is consideration in common law contracts?
- AThe written form of a contract
- BSomething of value given in exchange for a promise
- CCareful thought before signing
- DThe intention to create legal relations shown by both parties
6.Medium
At an auction in England, the contract of sale is completed when:
- AThe bidder makes the highest bid
- BThe auctioneer puts the item up for sale
- CThe buyer collects the goods
- DThe auctioneer brings down the hammer
7.Hard
A contract states it can be varied only in signed writing. The parties later agree an oral variation. In MWB Business Exchange v Rock Advertising, the Supreme Court held:
- AThe variation was effective as it had consideration
- BThe oral variation was ineffective, because the clause was binding
- CThe clause was void as against public policy
- DThe oral variation was effective, because parties can always vary orally
8.Hard
An employment contract forbids the employee from working for any competitor anywhere in the world for 20 years after leaving. In English law this clause is most likely:
- AEnforceable for the first five years only
- BEnforceable, because the employee agreed to it
- CEnforceable if the employer is a large company
- DUnenforceable, as an unreasonable restraint of trade
Answer key
- 1. B · Against the party who relies on it
- 2. B · A mere puff with no legal effect
- 3. A · Silence usually does not count as acceptance
- 4. A · There is no contract, because actual notice was required
- 5. B · Something of value given in exchange for a promise
- 6. D · The auctioneer brings down the hammer
- 7. B · The oral variation was ineffective, because the clause was binding
- 8. D · Unenforceable, as an unreasonable restraint of trade
Full step-by-step solutions: practise this topic on examproblems.com.