1.Easy
In English law, revocation of an offer takes effect:
- AWhen the letter of revocation is posted
- BOnly after a reasonable notice period
- CWhen it is actually communicated to the offeree
- DAs soon as the offeror privately decides
2.Easy
According to Derry v Peek, a misrepresentation is fraudulent if the maker:
- AMade it in a written document
- BMade it carelessly and without checking the facts, though honestly believing it
- CKnew it was false, did not believe it, or was reckless whether it was true
- DMade a profit from the contract that followed
3.Easy
What is the most common remedy for breach of contract?
- AA fine paid to the state
- BDamages
- CImprisonment
- DAutomatic transfer of all the defendant's assets
4.Medium
Promissory estoppel can prevent a party from:
- AMaking any new promises
- BGoing back on a promise not to enforce strict legal rights, when the other relied on it
- CSuing for any breach at all, including breaches entirely unrelated to the promise that it made
- DEntering into future contracts
5.Medium
An acceptance is sent by telex and arrives in the offeror's office during working hours. Under Entores v Miles Far East, acceptance takes effect:
- AWhen it is sent by the offeree
- BWhen it is received by the offeror
- CWhen it is confirmed by post
- DWhen the offeror reads it a week later
6.Medium
Under section 2(1) of the Misrepresentation Act 1967, a person who made a false statement inducing a contract is liable in damages unless:
- AThey prove they had reasonable grounds to believe, and did believe, it was true
- BThe contract was made between two businesses
- CThe claimant proves that the statement was made fraudulently and not merely carelessly
- DThe statement was made orally and not in writing
7.Hard
A posts an offer. A week later A posts a revocation. B receives the offer and immediately accepts by telegram, and only later receives the revocation. Applying Byrne v Van Tienhoven:
- AA contract was made when B accepted, because the revocation had not yet arrived
- BThere was no contract, because the revocation was posted before B's acceptance was sent
- CA contract was made only when B received the revocation
- DThere was no contract, because offers by post can be revoked at any time
8.Hard
In a face-to-face sale, a rogue falsely claims to be a famous actor, pays with a worthless cheque, and sells the car on to an innocent buyer. Under Lewis v Averay, the first contract was:
- AVoidable for fraud, so the innocent buyer got good title
- BVoid, because cheques cannot pay for cars
- CVoid for mistake, so the innocent buyer got no title
- DValid, and the seller could only sue the rogue in tort
Answer key
- 1. C · When it is actually communicated to the offeree
- 2. C · Knew it was false, did not believe it, or was reckless whether it was true
- 3. B · Damages
- 4. B · Going back on a promise not to enforce strict legal rights, when the other relied on it
- 5. B · When it is received by the offeror
- 6. A · They prove they had reasonable grounds to believe, and did believe, it was true
- 7. A · A contract was made when B accepted, because the revocation had not yet arrived
- 8. A · Voidable for fraud, so the innocent buyer got good title
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