1.Easy
A unilateral contract is one in which:
- AThe terms are imposed by statute on one party
- BOnly one party is allowed to terminate it
- COnly one party signs the written document, so only that party is bound by it
- DOne party promises something in return for the other performing an act
2.Easy
In English law, "past consideration" is generally:
- ANot good consideration
- BRequired for every contract
- CGood consideration if it was valuable
- DGood consideration only between family members
3.Easy
Rescission of a contract means:
- AOrdering a party to perform as promised
- BEnding the contract for the future only and claiming damages for lost profits
- CCorrecting the wording of a written contract
- DSetting the contract aside so the parties return to their original positions
4.Medium
An actress agrees to act only for one studio and not for any other during the contract. She leaves to act for a rival. The court is most likely to:
- AGrant an injunction stopping her acting for the rival
- BRefuse any remedy, as personal services are involved
- COrder her to pay the rival's profits to the court
- DOrder her to perform her contract with the studio
5.Medium
A customer signs a contract containing an exclusion clause without reading it. Absent fraud or misrepresentation, the clause is generally:
- ANot incorporated, because it was not read
- BIncorporated only if it was explained orally
- CVoid for unilateral mistake
- DIncorporated, because a signature binds the signer
6.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:
- ACan recover only if the agreement was oral
- BCannot recover anything more
- CCan usually recover the £400
- DMust give back the £600 first
7.Hard
In Carlill v Carbolic Smoke Ball Co, the court held that the advertisement was:
- AAn invitation to treat
- BA contract only with the newspaper
- CA mere advertising puff with no legal effect, since no one could take it seriously
- DA unilateral offer that could be accepted by performing the conditions
8.Hard
Which statement about the parol evidence rule is correct?
- AEvidence outside a written contract is generally not admitted to add to or vary its terms
- BOral contracts are always invalid
- CWritten contracts can never be interpreted
- DCourts must accept any later oral statement as overriding the express written terms of the contract
Answer key
- 1. D · One party promises something in return for the other performing an act
- 2. A · Not good consideration
- 3. D · Setting the contract aside so the parties return to their original positions
- 4. A · Grant an injunction stopping her acting for the rival
- 5. D · Incorporated, because a signature binds the signer
- 6. C · Can usually recover the £400
- 7. D · A unilateral offer that could be accepted by performing the conditions
- 8. A · Evidence outside a written contract is generally not admitted to add to or vary its terms
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