1.Easy
In English law, agreements between spouses living together in harmony are presumed to be:
- ABinding only for one year
- BNot intended to be legally binding
- CAlways legally binding
- DBinding only if witnessed
2.Easy
Who can usually enforce a contract?
- AOnly the state
- BOnly lawyers
- CThe parties to the contract
- DAnyone who hears about it or is affected by it
3.Easy
Which English statute allows a third party to enforce a contract term in some cases?
- AMisrepresentation Act 1967
- BUnfair Contract Terms Act 1977
- CLaw Reform (Frustrated Contracts) Act 1943
- DContracts (Rights of Third Parties) Act 1999
4.Medium
A fishing company receives fewer licences than it needs and chooses to assign them to its other ships, not the chartered one. In Maritime National Fish v Ocean Trawlers the charter was:
- ASuspended until more licences were issued
- BVoid, because licences were a condition precedent
- CNot frustrated, because the problem was self-induced
- DFrustrated by the government licensing decision
5.Medium
A doctor selling his practice truthfully states its income, but the income falls sharply before the contract is signed and he says nothing. This is:
- AA mere opinion about future income
- BA breach of an implied condition of quality
- CNot a misrepresentation, because the statement was true when it was made
- DA misrepresentation, because he should have corrected the statement
6.Medium
Damages for breach of contract are generally meant to:
- APut the innocent party in the position as if the contract had been performed
- BReturn both parties only to the position they were in before the contract was made
- CPunish the party in breach
- DGive the innocent party a profit beyond their loss
7.Hard
A council invites tenders by a deadline. A club submits on time, but the council wrongly treats it as late and ignores it. In Blackpool and Fylde Aero Club v Blackpool BC, the Court of Appeal held:
- AThe club could only claim in tort for negligence
- BThere was no obligation of any kind, as an invitation to tender is only an invitation to treat
- CThe council was obliged to accept the club's tender
- DThe council breached an implied contract to consider conforming tenders
8.Hard
A flat is hired for two days to watch a coronation procession, which is cancelled because the King is ill. The contract does not mention the procession. In Krell v Henry:
- AThe contract was void for common mistake
- BThe contract was frustrated, because the procession was its foundation
- CThe hirer had to pay as the risk was his
- DThe contract was not frustrated, because the flat was still available
Answer key
- 1. B · Not intended to be legally binding
- 2. C · The parties to the contract
- 3. D · Contracts (Rights of Third Parties) Act 1999
- 4. C · Not frustrated, because the problem was self-induced
- 5. D · A misrepresentation, because he should have corrected the statement
- 6. A · Put the innocent party in the position as if the contract had been performed
- 7. D · The council breached an implied contract to consider conforming tenders
- 8. B · The contract was frustrated, because the procession was its foundation
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