1.Easy
A term that is fundamental to the contract, whose breach allows termination, is called in English law a:
- AInvitation to treat
- BCondition
- CWarranty
- DRepresentation
2.Easy
Under the contra proferentem rule, an ambiguous term is interpreted:
- AIn favour of the party who drafted it
- BIn favour of the stronger party
- CAs if it were not part of the contract
- DAgainst the party who relies on it
3.Easy
The rule that "consideration must move from the promisee" means:
- AThe consideration must be handed to a court
- BA person can enforce a promise only if they gave consideration for it
- CThe promisee must always pay in cash
- DThe promisor must provide all the consideration for the promise it makes
4.Medium
Under EU consumer law, a consumer who buys online usually has the right to withdraw within:
- A3 days, only with a reason
- B30 days, only if the goods are defective
- C14 days without giving a reason
- DNo time, because online sales are final
5.Medium
Under the Law Reform (Frustrated Contracts) Act 1943, money paid before a frustrating event is generally:
- APaid into court for distribution
- BRecoverable, though the court may let the payee keep some for expenses
- CLost, because the loss must lie where it falls once the contract is frustrated
- DPayable twice, as a penalty
6.Medium
A doctor selling his practice truthfully states its income, but the income falls sharply before the contract is signed and he says nothing. This is:
- AA mere opinion about future income
- BA misrepresentation, because he should have corrected the statement
- CNot a misrepresentation, because the statement was true when it was made
- DA breach of an implied condition of quality
7.Hard
Under the EU Unfair Terms Directive, a non-negotiated consumer contract term is unfair if:
- AContrary to good faith, it causes a significant imbalance to the consumer's detriment
- BIt benefits the trader in any way, even where the consumer's rights are not significantly affected
- CIt was written in small font
- DThe consumer did not read it
8.Hard
A van is bought "on hire-purchase terms" with no further detail, and such terms varied widely in practice. In Scammell v Ouston, the House of Lords held:
- AThere was a contract on the standard hire-purchase terms of the market
- BThere was no contract, because the terms were too vague
- CThere was a contract at a reasonable price
- DThe seller's usual terms applied
Answer key
- 1. B · Condition
- 2. D · Against the party who relies on it
- 3. B · A person can enforce a promise only if they gave consideration for it
- 4. C · 14 days without giving a reason
- 5. B · Recoverable, though the court may let the payee keep some for expenses
- 6. B · A misrepresentation, because he should have corrected the statement
- 7. A · Contrary to good faith, it causes a significant imbalance to the consumer's detriment
- 8. B · There was no contract, because the terms were too vague
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