1.Easy
A term that is fundamental to the contract, whose breach allows termination, is called in English law a:
- AInvitation to treat
- BRepresentation
- CCondition
- DWarranty
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
When can an offer generally be withdrawn?
- AOnly after it has been accepted
- BOnly by a court
- CNever, once it has been made
- DBefore it has been accepted
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:
- ANot frustrated, because the problem was self-induced
- BSuspended until more licences were issued
- CFrustrated by the government licensing decision
- DVoid, because licences were a condition precedent
5.Medium
A court will imply a term in fact into a commercial contract only if:
- AIt is necessary for business efficacy or so obvious it goes without saying
- BIt would be reasonable and fair to both parties, even if it is not necessary
- CIt would benefit the weaker party
- DIt is usual in contracts in other industries
6.Medium
Frustration of contract occurs when:
- AThe contract was badly drafted
- BAn unforeseen event makes performance impossible or radically different
- COne party regrets the bargain
- DPerformance becomes more expensive or more difficult than either party expected
7.Hard
A seller quotes on its terms with a price variation clause. The buyer orders on its own terms without that clause, with a tear-off acknowledgement slip, which the seller signs and returns. In Butler Machine Tool v Ex-Cell-O, the contract was on:
- ANo terms, because there was no contract
- BThe buyer's terms, because the seller accepted its counter-offer
- CA mixture of terms chosen by the court as fair
- DThe seller's terms, because it sent its terms and price variation clause first
8.Hard
A contract states it can be varied only in signed writing. The parties later agree an oral variation. In MWB Business Exchange v Rock Advertising, the Supreme Court held:
- AThe clause was void as against public policy
- BThe oral variation was ineffective, because the clause was binding
- CThe variation was effective as it had consideration
- DThe oral variation was effective, because parties can always vary orally
Answer key
- 1. C · Condition
- 2. B · Not good consideration
- 3. D · Before it has been accepted
- 4. A · Not frustrated, because the problem was self-induced
- 5. A · It is necessary for business efficacy or so obvious it goes without saying
- 6. B · An unforeseen event makes performance impossible or radically different
- 7. B · The buyer's terms, because the seller accepted its counter-offer
- 8. B · The oral variation was ineffective, because the clause was binding
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