1.Easy
Who can usually enforce a contract?
- AThe parties to the contract
- BOnly lawyers
- COnly the state
- DAnyone who hears about it or is affected by it
2.Easy
In English law, a term whose breach allows termination only if the consequences are serious is called:
- AA condition
- BA representation
- CAn innominate (intermediate) term
- DA warranty
3.Easy
Under the contra proferentem rule, an ambiguous term is interpreted:
- AIn favour of the stronger party
- BAs if it were not part of the contract
- CAgainst the party who relies on it
- DIn favour of the party who drafted it
4.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:
- AThe claimant proves that the statement was made fraudulently and not merely carelessly
- BThe statement was made orally and not in writing
- CThe contract was made between two businesses
- DThey prove they had reasonable grounds to believe, and did believe, it was true
5.Medium
An offer says acceptance must be made "by notice in writing to us". The offeree posts an acceptance, which is lost. Under Holwell Securities v Hughes:
- AThere is no contract, because actual notice was required
- BA contract was formed when the offeree decided to accept
- CA contract was formed when the letter was posted
- DThe contract is void for common mistake
6.Medium
Police provide extra officers at a mine during a strike, beyond what their public duty requires, at the owner's request. The owner's promise to pay is:
- AVoid, because it is contrary to public policy
- BEnforceable, because doing more than a public duty is consideration
- CUnenforceable, because police protection can never be consideration for a promise
- DEnforceable only if approved by Parliament
7.Hard
A chartered ship is returned late, and the owner loses a very profitable follow-on charter. In The Achilleas, the House of Lords held the charterer was liable:
- AOnly for the market rate difference during the overrun period
- BFor the whole profit lost on the follow-on charter, as it was foreseeable
- CFor no loss, because late return is not a breach
- DFor punitive damages, because the delay was deliberate
8.Hard
Specific performance is usually ordered when:
- AThe defendant has no money
- BThe claimant asks for it in any case
- CThe contract involves personal services, such as employment or performance contracts
- DDamages would be an inadequate remedy, for example for unique goods or land
Answer key
- 1. A · The parties to the contract
- 2. C · An innominate (intermediate) term
- 3. C · Against the party who relies on it
- 4. D · They prove they had reasonable grounds to believe, and did believe, it was true
- 5. A · There is no contract, because actual notice was required
- 6. B · Enforceable, because doing more than a public duty is consideration
- 7. A · Only for the market rate difference during the overrun period
- 8. D · Damages would be an inadequate remedy, for example for unique goods or land
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