1.Easy
In England and Wales, a claim for breach of a simple (non-deed) contract must usually be brought within:
- ATwelve years of the breach
- BThree months of the breach
- COne year of the breach
- DSix years of the breach
2.Easy
The duty to mitigate loss means that a claimant:
- AMust prove the breach was deliberate
- BCannot recover for losses they could reasonably have avoided
- CMust sue within one month of the breach
- DMust accept any offer made by the party in breach
3.Easy
Under the contra proferentem rule, an ambiguous term is interpreted:
- AAs if it were not part of the contract
- BIn favour of the stronger party
- CAgainst the party who relies on it
- DIn favour of the party who drafted it
4.Medium
Which of these will usually bar rescission for misrepresentation?
- AThe innocent party affirms the contract after learning the truth
- BThe misrepresentation was made by a company
- CThe contract was made in writing
- DThe misrepresentation was innocent rather than fraudulent or negligent
5.Medium
Damages for breach of contract are generally meant to:
- APunish the party in breach
- BGive the innocent party a profit beyond their loss
- CPut the innocent party in the position as if the contract had been performed
- DReturn both parties only to the position they were in before the contract was made
6.Medium
A sailor is to be paid only on completing a voyage, but dies part of the way. Under the strict rule applied in Cutter v Powell:
- AThe full wages were payable
- BThe ship owner had to pay compensation
- CA proportion of the wages was payable
- DNothing was recoverable for the part performed
7.Hard
A client repudiates an advertising contract the same day it is made. The agency ignores this, displays the adverts for the full period and sues for the price. In White and Carter v McGregor:
- AThe agency could recover nothing
- BThe agency could recover the full price
- CThe agency could only claim damages after mitigating
- DThe agency had to obtain a court order first
8.Hard
A husband who has left his wife signs a note promising to transfer the house to her if she pays off the mortgage. She does. In Merritt v Merritt, the promise was:
- AEnforceable, because separated spouses are presumed to intend legal relations
- BUnenforceable, because she gave no consideration
- CUnenforceable, because it was a domestic arrangement between husband and wife
- DEnforceable only because it was made by deed
Answer key
- 1. D · Six years of the breach
- 2. B · Cannot recover for losses they could reasonably have avoided
- 3. C · Against the party who relies on it
- 4. A · The innocent party affirms the contract after learning the truth
- 5. C · Put the innocent party in the position as if the contract had been performed
- 6. D · Nothing was recoverable for the part performed
- 7. B · The agency could recover the full price
- 8. A · Enforceable, because separated spouses are presumed to intend legal relations
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