1.Easy
Minors (under 18) entering contracts are generally:
- ABound in exactly the same way as adults, unless their parents object in writing
- BLiable only if their parents sign too
- CProtected, so many of their contracts are not enforceable against them
- DNever able to make any contract
2.Easy
In English law, "past consideration" is generally:
- AGood consideration only between family members
- BNot good consideration
- CRequired for every contract
- DGood consideration if it was valuable
3.Easy
Who can usually enforce a contract?
- AOnly lawyers
- BThe parties to the contract
- COnly the state
- DAnyone who hears about it or is affected by it
4.Medium
A creditor agrees to take £600 in full settlement of a £1,000 debt that is due, then sues for the other £400. Under Pinnel's Case and Foakes v Beer, the creditor:
- AMust give back the £600 first
- BCannot recover anything more
- CCan usually recover the £400
- DCan recover only if the agreement was oral
5.Medium
An unusual and onerous term in standard conditions will only be incorporated if:
- AThe other party could have found it online
- BIt is printed anywhere in the contract documents, however small the type
- CIt was fairly and reasonably brought to the other party's attention
- DIt appears on the back of a receipt
6.Medium
A builder's job takes much longer and costs much more than planned because of labour shortages. Under Davis Contractors v Fareham UDC, the contract is:
- AVoid, because the price was wrongly estimated
- BAutomatically varied to a reasonable price
- CFrustrated, because the costs rose unexpectedly and substantially
- DNot frustrated, because it has only become more onerous
7.Hard
In Carlill v Carbolic Smoke Ball Co, the court held that the advertisement was:
- AAn invitation to treat
- BA mere advertising puff with no legal effect, since no one could take it seriously
- CA unilateral offer that could be accepted by performing the conditions
- DA contract only with the newspaper
8.Hard
A buyer purchases oats thinking they are old oats. The seller knows they are new, but made no statement or promise that they were old. Under Smith v Hughes:
- AThe seller had a duty to correct the buyer
- BThe contract is void for unilateral mistake
- CThe contract is voidable, because the seller's silence amounted to a misrepresentation
- DThe contract is binding, because a mistake about quality alone is not enough
Answer key
- 1. C · Protected, so many of their contracts are not enforceable against them
- 2. B · Not good consideration
- 3. B · The parties to the contract
- 4. C · Can usually recover the £400
- 5. C · It was fairly and reasonably brought to the other party's attention
- 6. D · Not frustrated, because it has only become more onerous
- 7. C · A unilateral offer that could be accepted by performing the conditions
- 8. D · The contract is binding, because a mistake about quality alone is not enough
Full step-by-step solutions: practise this topic on examproblems.com.