1.Easy
In English law, a term whose breach allows termination only if the consequences are serious is called:
- AAn innominate (intermediate) term
- BA condition
- CA warranty
- DA representation
2.Easy
What is the most common remedy for breach of contract?
- AImprisonment
- BA fine paid to the state
- CAutomatic transfer of all the defendant's assets
- DDamages
3.Easy
An offeree asks whether the offeror would accept delivery in two parts, without rejecting the original terms. This is:
- AA request for information
- BA revocation
- CA counter-offer
- DAn acceptance
4.Medium
Under UCTA 1977, a business-to-business clause excluding liability for property damage caused by negligence is valid:
- AAlways, because businesses can bargain freely
- BOnly if it satisfies the requirement of reasonableness
- COnly if signed by a company director
- DNever, in any circumstances
5.Medium
A fishing company receives fewer licences than it needs and chooses to assign them to its other ships, not the chartered one. In Maritime National Fish v Ocean Trawlers the charter was:
- ASuspended until more licences were issued
- BNot frustrated, because the problem was self-induced
- CVoid, because licences were a condition precedent
- DFrustrated by the government licensing decision
6.Medium
A seller says the farms are "fully let" but does not mention that the tenants have given notice to leave. This is:
- AA misrepresentation by half-truth
- BA mere puff with no legal effect
- CMere silence, which is never actionable
- DA statement of opinion only
7.Hard
A pays B money to bet on shares using insider information, which is illegal. The bet never happens and A wants the money back. In Patel v Mirza, the Supreme Court held:
- AThe money passed to the state as illegal proceeds
- BA could recover the money, applying a policy-based approach to illegality
- CA could not recover, because no claim can be founded on an illegal agreement
- DA could recover only half the money
8.Hard
An act done before a promise was made can still be good consideration if:
- AIt was valuable to the promisor when it was done
- BThe act was done within one year before the promise and was of some value to the promisor
- CThe later promise was made in writing
- DIt was requested, payment was understood, and the promise would otherwise be enforceable
Answer key
- 1. A · An innominate (intermediate) term
- 2. D · Damages
- 3. A · A request for information
- 4. B · Only if it satisfies the requirement of reasonableness
- 5. B · Not frustrated, because the problem was self-induced
- 6. A · A misrepresentation by half-truth
- 7. B · A could recover the money, applying a policy-based approach to illegality
- 8. D · It was requested, payment was understood, and the promise would otherwise be enforceable
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