1.Easy
Which equitable remedy corrects a written contract so it records what the parties actually agreed?
- AQuantum meruit
- BSpecific performance
- CRectification
- DRescission
2.Easy
An offeree asks whether the offeror would accept delivery in two parts, without rejecting the original terms. This is:
- AA revocation
- BA counter-offer
- CAn acceptance
- DA request for information
3.Easy
Anticipatory breach occurs when:
- AA party breaches a term that has not yet been agreed
- BA party shows, before performance is due, that it will not perform
- CAn expert predicts, before performance is due, that a party will probably breach
- DA party performs earlier than the agreed date
4.Medium
In Hadley v Baxendale, damages are recoverable for losses that:
- AArise naturally from the breach or were in the reasonable contemplation of both parties
- BWere caused in any factual sense by the breach, however unusual and unforeseeable they were
- CThe claimant suffered only after the trial
- DWere caused by a third party
5.Medium
A court will imply a term in fact into a commercial contract only if:
- AIt would be reasonable and fair to both parties, even if it is not necessary
- BIt is necessary for business efficacy or so obvious it goes without saying
- CIt is usual in contracts in other industries
- DIt would benefit the weaker party
6.Medium
Which of these will usually bar rescission for misrepresentation?
- AThe contract was made in writing
- BThe misrepresentation was made by a company
- CThe innocent party affirms the contract after learning the truth
- DThe misrepresentation was innocent rather than fraudulent or negligent
7.Hard
A carrier, knowing a small company depends on its deliveries to supply a major customer, refuses to continue unless paid a higher minimum price. The company agrees as it has no alternative. In Atlas Express v Kafco:
- AThe new agreement was not binding, due to economic duress
- BThe carrier committed a crime of extortion
- CThe new agreement was binding as a free variation
- DThe new agreement was binding, as the carrier's continued performance was a practical benefit
8.Hard
A flat is hired for two days to watch a coronation procession, which is cancelled because the King is ill. The contract does not mention the procession. In Krell v Henry:
- AThe contract was void for common mistake
- BThe contract was frustrated, because the procession was its foundation
- CThe contract was not frustrated, because the flat was still available
- DThe hirer had to pay as the risk was his
Answer key
- 1. C · Rectification
- 2. D · A request for information
- 3. B · A party shows, before performance is due, that it will not perform
- 4. A · Arise naturally from the breach or were in the reasonable contemplation of both parties
- 5. B · It is necessary for business efficacy or so obvious it goes without saying
- 6. C · The innocent party affirms the contract after learning the truth
- 7. A · The new agreement was not binding, due to economic duress
- 8. B · The contract was frustrated, because the procession was its foundation
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